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2023 (2) TMI 484 - HC - Service TaxValidity of action of the respondent No.1 who did not issue discharge certificate in Form SVLDRS-4 under Section 127(8) of the scheme of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 and under Rule 9 of Sabka Vishwas (Legacy Dispute Resolution) Scheme Rules, 2019 within 30 days of the date of payment - recovery of penalty - HELD THAT:- It is directed in Rule 7 that the amount of tax is required to be deposited electronically. Electronic transfer means transfer by NEFT or RTGS so that the amount is immediately credited to the respondent authority. In the instant case, the amount was deposited on 30th June, 2020 by RTGS through cheque after obtaining E-Mandate Form. E-Mandate Form is electronically generated. When a cheque is deposited for transmission through NEFT or RTGS, it is the duty of the bank to immediately credit the money to the account of the RBI on verification of the account of the petitioners to ascertain as to whether the petitioners have requisite amount to honour the cheque. For the failure of the bank in sending the money by electronic by RTGS on 30th June, 2020, the petitioners cannot be held liable. The respondents are directed to accept payment of tax of Rs.16,951/- dated 30th June, 2020 as per statement in SVLDRS-3 and issue discharge certificate in favour of the petitioners in Form SVLDRS-4 settling all dues relating to payment of tax and granting consequential relief for the financial year 2011- 2012 to 2014-2015 under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - Imposition and recovery of penalty of Rs.12,15,185/- by the respondents from the bank account of the petitioners is accordingly quashed and the respondents are directed to repay the said amount within four weeks from the date of communication of this order - Petition allowed.
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