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DRAFT – THE INTEGRATED GOODS AND SERVICES TAX ACT, 2016 – PART III

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 20-6-2016 - In this part the provisions relating to settlement of cases under this draft Act is discussed in detail. Chapter VIII of the Act deals with the settlement of cases. Case Section 11(d) defines the term case as any proceeding under this Act for the levy, assessment and collection of IGST before an IGST officer, or before a First Appellate Authority in connection with such levy, assessment or collection of IGST pending o .....

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unal or the First Appellate Authority refers a case back to the original adjudicating authority or the First Appellate Authority, as the case may be, for a fresh adjudication or decision, such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause. Settlement Commission The Settlement Commission, to be constituted under this Act is to be called as National Goods and Services Tax Settlement Commission . This Commission shall be headed by a National Chairman. T .....

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been a judge of the High Court. The qualifications, eligibility conditions and the manner of selection and appointment of the National Chairman, the State Chairman, and the Members shall be such as may be prescribed on the recommendations of the Council. Functions The National Chairman and the State Chairman shall exercise such powers and discharge such functions as may be prescribed on the recommendations of the Council. State Commission The jurisdiction of the State Settlement Commission const .....

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f the Bench, the remaining Members may function as the Bench and if the presiding officer of the Bench is not one of the remaining Members, the senior among the remaining Members shall act as the presiding officer of the Bench. If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority. In a case where the decision is taken by a two member Bench and Members are equally divided, the matter will be referred to the third Member and .....

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the jurisdictional IGST officer, the manner in which such liability has been derived, the additional amount of tax accepted to be payable by him and such other particulars as may be prescribed. The Settlement Commission shall be disposed of in the manner as detailed below- No application shall be received by the Commission, unless- the applicant has furnished the return(s), which he is or was required to furnish under the provisions of this Act; a show cause notice for demand of tax issued by th .....

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t for not filing the return(s), may, after recording the reasons thereof, allow the applicant to make such application. No application shall be entertained by the Settlement Commission in cases which are pending with the Appellate Tribunal or any Court; No application shall be made for determination of any question having a bearing on the rate of tax or determination of liability to pay tax on goods and/or services under the Act. Every application made shall be accompanied by such fees as may be .....

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y an order, allow the application to be proceeded with, or reject the application as the case may be, and the proceedings before the Settlement Commission shall abate on the date of rejection . An application shall not be rejected unless an opportunity has been given to the applicant of being heard; A copy of every order, shall be sent to the applicant and to the jurisdictional IGST officer; Where an application is allowed, the Settlement Commission shall, within seven days from the date of orde .....

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received, if the Settlement Commission is of the opinion that any further enquiry or investigation in the matter is necessary, it may, within 15 days of the receipt of the report, direct, for reasons to be recorded in writing, the Designated Officer to make such further enquiry or investigation and furnish a report within a period of ninety days of the receipt of such direction, on the matters covered by the application and any other matter relating to the case; Where the Designated Officer doe .....

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it or obtained by it, the Settlement Commission may pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the jurisdictional IGST officer and Designated Officer; An order shall not be passed in respect of an application after twelve months from the last day of the month in which the application was made, failing which the settlement proceedings shall abate, and the adj .....

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m the date of the application to the Settlement Commission under section 15 and ending with the date of abatement, shall be excluded; The order passed shall provide for the terms of settlement including any demand by way of tax, interest, fine or penalty, the manner in which any sums due under the settlement shall be paid and all other matters to make the settlement effective and in case of rejection contain the reasons there for; the amount of settlement ordered by the Settlement Commission sha .....

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unpaid, shall be recovered along with interest due thereon at the rate prescribed under section 36 of the CGST Act, as the sums due to the Central/ State Government by the jurisdictional IGST officer in accordance with the provisions of section 54 of the CGST Act; Where a settlement becomes void as provided, the proceedings with respect to the matters covered by the settlement shall be deemed to have been revived from the stage at which the application was allowed to be proceeded with by the Se .....

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e provided in this Chapter, be reopened in any proceeding under this Act or under any other law for the time being in force. Rectification of mistakes The Settlement Commission may amend any order passed by it so as to rectify any mistake apparent from the record, if such mistake is noticed by the Settlement Commission on its own accord, or is brought to its notice by the jurisdictional IGST officer or the applicant within a period of three months from the date of the order. No rectification, wh .....

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he opinion that for the purpose of protecting the interests of revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in the manner as may be prescribed.Every provisional attachment made by the Settlement Commission shall cease to have effect from the date, the sums due to the Central Government / the State Government for which such attachment is made are discharged by the applicant and evidence to that effect is submitted to the Settleme .....

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under that section covered such proceeding also.No proceeding shall be reopened by the Settlement Commission after the expiry of five years from the date of application; The Settlement Commission may, if it is satisfied that any person who made the application for settlement has co-operated with the Settlement Commission in the proceedings before it and has made a full and true disclosure of his tax liability, grant to such person, subject to such conditions as it may think fit to impose, immuni .....

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in the order of the settlement passed within the time specified in such order or within such extended period as permitted by the Settlement Commission or fails to comply with any other condition subject to which the immunity was granted and thereupon the provisions of this Act shall apply as if such immunity had not been granted; An immunity granted to a personmay, at any time, be withdrawn by the Settlement Commission, if it is satisfied that such person had, in the course of the settlement pro .....

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