9911796707
TMI Blog2024 (6) TMI 1267X X X X Extracts X X X X X X X X Extracts X X X X ..... ar of issue of discharge certificate, it shall be presumed as if the declaration was never made and proceedings under the applicable indirect tax enactment shall be instituted. Therefore, before instituting proceedings under the applicable indirect tax enactment, there has to be a finding, in a case of voluntary disclosure, that a material particular that was furnished in the declaration was false - The Authority should first come to a finding based on the declaration filed that a material particular (and not any particular) furnished in the declaration was false. In the impugned letter, the Authority only refers to Section 126 (1) of the Finance (No. 2) Act, 2019 read with Rule 6 (1) of the SVLDRS, 2019 and Section 129 (2) (c) of the SVLDR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form 2 and 3 were issued, the amounts determined to be payable under Form 3 has been paid and Form 4 certificate of discharge under Section 127(8) with respect to the amount payable under the SVLDRS, 2019 has been issued. The discharge certificate was issued on 17th March 2020. This form was issued by the designated committee. 5. Subsequently, petitioner received a communication dated 9th November 2020, which is impugned in this petition, calling upon petitioner to produce the documents mentioned therein. 6. Mr. Raichandani submitted that the re-investigation or calling for further documents after issuance of discharge certificate is contrary to the purport, intent and object of the SVLDRS, 2019. Mr. Raichandani further submitted, and co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a matter for a time period shall not preclude the issue of a show cause notice,- (i) for the same matter for a subsequent time period; or (ii) for a different matter for the same time period; (c) in a case of voluntary disclosure where any material particular furnished in the declaration is subsequently found to be false, within a period of one year of issue of the discharge certificate, it shall be presumed as if the declaration was never made and proceedings under the applicable indirect tax enactment shall be instituted. Therefore, under Section 129 (2) (c) of the SVLDRS, 2019, in a case of voluntary disclosure, where any material particular furnished in the declaration is subsequently found to be false within a period of o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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