M/S. SWASTIKA ENTERPRISES vs COMMNR. OF CUSTOMS, KOLKATA .

The Supreme Court interpreted the provisions of the Kar Vivad Samadhan Scheme under Sections 86 to 98 of the Finance (No. 2) Act, 1998, particularly Section 95(ii)(b), to determine the applicability of the Scheme to the appellants' case involving additional customs duty on imported ships. The Court held that the appellants were entitled to the benefits of the Scheme, thereby allowing their appeal against the customs duty levy. The judgment clarified the conditions under which the Scheme could be invoked, emphasizing the importance of the statutory provisions in resolving tax disputes.