Site icon Raw Law

Himachal Pradesh High Court Dismisses East Bourne Hotels’ Plea for Extension to Deposit Tax Dues Under Sabka Vishwas Scheme, Emphasising Non-Extension Despite COVID Hardship and Holding Scheme Timelines Mandatory for Availing Relief

east bourne hotels
Share this article

Court’s Decision

The Himachal Pradesh High Court dismissed East Bourne Hotels’ writ petition seeking extension of the last date for payment under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. The Court held that the statutory timelines under Section 127(5) of the Finance Act, 2019 for depositing tax dues are mandatory and not directory, and thus, non-payment within the stipulated period disqualifies a declarant from claiming relief under the scheme, even citing COVID-19 financial hardship.


Facts

East Bourne Hotels, engaged in the hospitality business, was under investigation for non-payment of service tax from 2011-2016. It filed nine declarations under the Sabka Vishwas Scheme in December 2019, initially categorised under “investigation” which provided for 70% relief. However, the authorities changed the category to “arrears”, reducing the relief to 50% and raising the dues to Rs. 29,48,623, payable by 30.06.2020. The petitioner, citing closure during the COVID lockdown and financial hardship, sought an extension till 30.06.2021, but the department issued recovery notices, leading to the writ petition seeking extension and recalculation.


Issues


Petitioner’s Arguments

The petitioner argued:


Respondent’s Arguments

The respondents contended:


Analysis of the Law

The Court analysed:


Precedent Analysis

The Court referred to:

However, the Court distinguished these cases, noting that they did not lay down a binding principle allowing extension under all circumstances, particularly where statutory provisions clearly limit payment timelines under the scheme.


Court’s Reasoning

The Court held:


Conclusion

The Himachal Pradesh High Court dismissed the writ petition, upholding the demand raised and the department’s action, reiterating:

“The timelines under the Sabka Vishwas Scheme are mandatory, and payment beyond the prescribed date disentitles the declarant from relief under the scheme.”


Implications


Short Note on Cases Referred

FAQs

1. Are payment timelines under the Sabka Vishwas Scheme flexible due to COVID-19 hardships?
No, the timelines are mandatory, and relief cannot be claimed for payment made beyond the prescribed period under the scheme.

2. Can High Courts extend the payment deadlines under the Sabka Vishwas Scheme?
Courts generally cannot extend statutory payment deadlines under the scheme unless the law specifically permits.

3. What happens if payment is not made within the prescribed period under the Sabka Vishwas Scheme?
Non-payment within the deadline disentitles the declarant from receiving the benefits under the scheme, and recovery actions may proceed.

Also Read: Patna High Court Upholds Execution Court’s Order Allowing Substitution of Decree Holder’s Claimed Widow in Money Execution Proceedings, Holding Pension Documents and Marriage Certificate Sufficient Proof in Absence of Contrary Evidence

Exit mobile version