TMI BlogService Tax (Compounding of Offences) Rules, 2012X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing rules, namely : 1. Short title and commencement.- (1) These rules may be called the Service Tax (Compounding of Offences) Rules, 2012. (2) They shall come into force on the date of publication in the Official Gazette. 2. Definitions .- In these rules, unless the context otherwise requires,- (a) Act means Chapter V of the Finance Act, 1994 (32 of 1994); (b) applicant means any assessee or any other person, but shall not include officers of Central Excise appointed for exercising the powers under the Act under rule 3 of the Service Tax Rules, 1994 ; (c) compounding authority means the Chief Commissioner of Central Excise, having jurisdiction over the place where the offence under the Act, have been or allege ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an the others, shall be the competent authority. 4 . Procedure on receipt of application under rule 3.- (1) On receipt of an application under rule 3, the compounding authority shall call for a report from the reporting authority with reference to the particulars furnished in the application, or any other information, which may be considered relevant for examination of such application. (2) Such report shall be furnished by the reporting authority within a period of one month or within such extended period as may be allowed by the compounding authority, from the date of receipt of communication from the compounding authority. (3) The compounding authority, after taking into account the contents of the said application, may, by or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified under section 89 (1)(a) of the Act Up to fifty per cent. of the amount of service tax evasion, subject to minimum of ten per cent. of amount of tax evaded. 2. Offence specified under section 89 (1)(b) of the Act Upto fifty per cent. of the amount of CENVAT Credit wrongly taken or utilised, subject to minimum of ten per cent. of said amount. 3. Offence specified under section 89 (1)(c) of the Act Rupees fifty thousand for the first offence and to be increased by hundred per cent. of this amount for each subsequent offence. 4. Offence specified under section 89 (1)(d) of the Act Upto twenty five per cent. of the amount of service tax not deposited subje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d been granted. (2) An immunity granted to a person under sub-rule (1) may, at any time, be withdrawn by the compounding authority, if he is satisfied that such person had, in the course of the compounding proceedings, concealed any material particulars, or had given false evidence, and thereupon the person may be tried for the offence with respect to which immunity was granted or for any other offence that appears to have been committed by him in connection with the compounding proceedings and, thereupon, the provisions of the Act, shall apply as if no such immunity had been granted. FORM (See rule 3) Application for Compounding of Offence 1. Full Name and permanent address of the applicant: 2. Address for communication: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ______do solemnly declare that I am making this application in my capacity as ______ and I am competent to verify it. That the contents of this application are true to the best of my knowledge and belief and no information relevant to the facts of the case has been suppressed. The documents accompanying the application are true copies of the originals and the tables showing financial transactions are correct and are duly attested by me. Verified today the _____________ day of (month) __________ (year) at_________. Name and Signature of the applicant Place: Date: F.No. 334/1/ 2012-ST (Raj Kumar Digvijay) Under Secretary to the Government of India - Notification Tax Management India - taxmanagementindia - taxmanagem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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