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august 2015

Supreme Court of India · 2015-08-04

M/S. Swastika Enterprises & Anr vs Commnr. Of Customs, Kolkata & Ors

Citation / case number
AIRONLINE 2015 SC 53
Court
Supreme Court of India
Petitioner
M/S. Swastika Enterprises & Anr
Respondent
Commnr. Of Customs, Kolkata & Ors
Author
A.K. Sikri
Bench
Rohinton Fali Nariman, A.K. Sikri

Judgment text excerpt

The Supreme Court interpreted the provisions of the Kar Vivad Samadhan Scheme under Sections 86 to 98 of the Finance (No.2) Act, 1998, specifically focusing on Section 95(ii)(b). The Court held that the Scheme applies to tax arrears defined under Section 87(m)(iii), which includes duties and penalties determined as due by March 31, 1998. The outcome affirmed the applicability of the Scheme to the appellants' case regarding additional customs duty, allowing for settlement under the Scheme.

M/S. Swastika Enterprises & Anr vs Commnr. Of Customs, Kolkata & Ors · Niyam