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What orders can be passed by the Settlement Commission?
Team SoOLEGAL | 01/01/1970

Settlement Commission shall pass an order providing for terms of settlement which shall include:

i. the amount of tax, interest, fine or penalty that is payable by the applicant (if this amount is not paid within thirty days or a further extended period of three months, it shall be recovered along with interest as sums due to Central Government in accordance with section 54 of CGST Act ); (section 16)

ii. manner in which the sums due under the settlement shall be paid; (section 16)

iii. granting immunity from prosecution for any offence  under  the  IGST  Act  if  no proceedings for prosecution were instituted on the date of receipt of the application and if the Settlement Commission is satisfied that the applicant has madea full and true disclosure of his tax liability; (section 20)

iv. grantingimmunityfromimpositionofpenaltyeither in full or part under the IGST Act; (section 20)

v. Order provisional attachment of property of the applicantduringthe pendencyofanyproceeding before it. Such provisional attachment shall cease to have effect, once sums due to the Central Government for which attachment order was made, stands discharged and the evidence to this effect is submitted to the Settlement Commission; (Section 17)

vi. Send a case back to the jurisdictional IGST officer or the  First  Appellate  Authority  if  it is of the opinion that the applicant has not cooperated with the Settlement Commission. In such case, the relevant adjudicating authority is entitled to use all material and information produced by taxable person before the Settlement Commission or the results of an inquiry held by the Settlement Commission; (section 21)

vii. Reopen any proceeding connected with the case concluded earlier and pass appropriate order. This can be done only after taking concurrence of the applicant and if five years have not expired for the concluded proceeding , counting from the date of application for Settlement. ( Section 18)


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