[i][Chapter XIV-A
SETTLEMENT OF CASES
127-A. Definitions.
127-A. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “Bench” means a Bench of the Settlement Commission;
[ii][(b) “case” means any proceeding under this Act or any other Act for the levy, assessment and collection of customs duty, pending before an adjudicating authority on the date on which an application under sub-section (1) of Section 127-B is made:
Provided that when any proceeding is referred back [iii][* * *] by any court, Appellate Tribunal or any other authority, to the adjudicating authority for a fresh adjudication or decision, as the case may be, then such proceeding shall not be deemed to be a proceeding pending within the meaning of this clause;]
(c) “Chairman” means the Chairman of the Settlement Commission;
(d) “Commissioner (Investigation)” means an officer of the customs or a Central Excise Officer appointed as such Commissioner to conduct inquiry or investigation for the purposes of this Chapter;
(e) “Member” means a Member of the Settlement Commission and includes the Chairman and the Vice-Chairman;
(f) “Settlement Commission” means the [iv][Customs, Central Excise and Service Tax Settlement Commission] constituted under Section 32 of the Central Excise Act, 1944 (1 of 1944); and
(g) “Vice-Chairman” means a Vice-Chairman of the Settlement Commission.
127-B. Application for settlement of cases.
127-B. Application for settlement of cases.—[v][(1) Any importer, exporter or any other person (hereinafter referred to as the applicant in this chapter) may, in respect of a case, relating to him make an application, before adjudication to the Settlement Commission to have the case settled, in such form and in such manner as may be specified by rules, and containing a full and true disclosure of his duty liability which has not been disclosed before the proper officer, the manner in which such liability has been incurred, the additional amount of customs duty accepted to be payable by him and such other particulars as may be specified by rules including the particulars of such dutiable goods in respect of which he admits short levy on account of misclassification, under-valuation or inapplicability of exemption notification [vi][or otherwise] and such application shall be disposed of in the manner hereinafter provided:
Provided that no such application shall be made unless,—
[vii][(a) the applicant has filed a bill of entry, or a shipping bill, or a bill of export, or made a baggage declaration, or a label or declaration accompanying the goods imported or exported through post or courier, as the case may be, and in relation to such document or documents, a show cause notice has been issued to him by the proper officer;]
(b) the additional amount of duty accepted by the applicant in his application exceeds three lakh rupees; and
(c) the applicant has paid the additional amount of customs duty accepted by him along with interest due under [viii][Section 28-AA]:
Provided further that no application shall be entertained by the Settlement Commission under this sub-section in cases which are pending in the Appellate Tribunal or any court:
Provided also that no application under this sub-section shall be made in relation to goods to which Section 123 applies or to goods in relation to which any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) has been committed:
Provided also that no application under this sub-section shall be made for the interpretation of the classification of the goods under the Customs Tariff Act, 1975 (51 of 1975).
(1-A) [ix][* * *]]
(2) [x][* * *]
(3) Every application made under sub-section (1) shall be accompanied by such fees as may be specified by rules.
(4) An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant.
[xi][(5) Any person, other than an applicant referred to in sub-section (1), may also make an application to the Settlement Commission in respect of a show-cause notice issued to him in a case relating to the applicant which has been settled or is pending before the Settlement Commission and such notice is pending before an adjudicating authority, in such manner and subject to such conditions, as may be specified by rules.]
127-C. Procedure on receipt of an application under Section 127-B.
[xii][127-C. Procedure on receipt of an application under Section 127-B.—(1) On receipt of an application under Section 127-B, the Settlement Commission shall, within seven days from the date of receipt of the application, issue a notice to the applicant to explain in writing as to why the application made by him should be allowed to be proceeded with and after taking into consideration the explanation provided by the applicant, the Settlement Commission, shall, within a period of fourteen days from the date of the notice, by 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:
Provided that where no notice has been issued or no order has been passed within the aforesaid period by the Settlement Commission, the application shall be deemed to have been allowed to be proceeded with.
(2) A copy of every order under sub-section (1) shall be sent to the applicant and to the Commissioner of Customs having jurisdiction.
(3) Where an application is allowed or deemed to have been allowed to be proceeded with under sub-section (1), the Settlement Commission shall, within seven days from the date of order under sub-section (1), call for a report along with the relevant records from the Commissioner of Customs having jurisdiction and the Commissioner shall furnish the report within a period of thirty days of the receipt of communication from the Settlement Commission:
Provided that where the Commissioner does not furnish the report within the aforesaid period of thirty days, the Settlement Commission shall proceed further in the matter without the report of the Commissioner.
(4) Where a report of the Commissioner called for under sub-section (3) has been furnished within the period specified in that sub-section, the Settlement Commission may, after examination of such report, if it is of the opinion that any further enquiry or investigation in the matter is necessary, direct, for reasons to be recorded in writing, the Commissioner (Investigation) within fifteen days of the receipt of the report, to make or cause to be made such further enquiry or investigation and furnish a report within a period of ninety days of the receipt of the communication from the Settlement Commission, on the matters covered by the application and any other matter relating to the case:
Provided that where the Commissioner (Investigation) does not furnish the report within the aforesaid period, the Settlement Commission shall proceed to pass an order under sub-section (5) without such report.
(5) After examination of the records and the report of the Commissioner of Customs received under sub-section (3), and the report, if any, of the Commissioner (Investigation) of the Settlement Commission under sub-section (4), and after giving an opportunity to the applicant and to the Commissioner of Customs having jurisdiction to be heard, either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in accordance with the provisions of this Act, 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 Commissioner of Customs and Commissioner (Investigation) under sub-section (3) or sub-section (4).
[xiii][(5-A) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section (5), amend such order to rectify any error apparent on the face of record, either suo motu or when such error is brought to its notice by the jurisdictional Principal Commissioner of Customs or Commissioner of Customs or the applicant:
Provided that no amendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Settlement Commission has given notice of such intention to the applicant and the jurisdictional Principal Commissioner of Customs or Commissioner of Customs as the case may be, and has given them a reasonable opportunity of being heard.]
(6) [xiv][* * *]
(7) Subject to the provisions of Section 32-A of the Central Excise Act, 1944 (1 of 1944), the materials brought on record before the Settlement Commission shall be considered by the Members of the concerned Bench before passing any order under sub-section (5) and, in relation to the passing of such order, the provisions of Section 32-D of the Central Excise Act, 1944 shall apply.
(8) The order passed under sub-section (5) shall provide for the terms of settlement including any demand by way of duty, penalty or interest, 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 therefor and it shall also provide that the settlement shall be void if it is subsequently found by the Settlement Commission that it has been obtained by fraud or misrepresentation of facts:
Provided that the amount of settlement ordered by the Settlement Commission, shall not be less than the duty liability admitted by the applicant under Section 127-B.
(9) Where any duty, interest, fine and penalty payable in pursuance of an order under sub-section (5) is not paid by the applicant within thirty days of receipt of a copy of the order by him, the amount which remains unpaid, shall be recovered along with interest due thereon, as the sums due to the Central Government by the proper officer having jurisdiction over the applicant in accordance with the provisions of Section 142.
(10) Where a settlement becomes void as provided under sub-section (8), 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 Settlement Commission and the proper officer having jurisdiction may, notwithstanding anything contained in any other provision of this Act, complete such proceedings at any time before the expiry of two years from the date of the receipt of communication that the settlement became void.]
127-D. Power of Settlement Commission to order provisional attachment to protect revenue.
127-D. Power of Settlement Commission to order provisional attachment to protect revenue.—(1) Where, during the pendency of any proceeding before it, the Settlement Commission is of the opinion that for the purpose of protecting the interests of the revenue it is necessary so to do, it may, by order, attach provisionally any property belonging to the applicant in such manner as may be specified by rules.
(2) Every provisional attachment made by the Settlement Commission under sub-section (1) shall cease to have effect from the date the sums due to the Central Government for which such attachment is made are discharged by the applicant and evidence to that effect is submitted to the Settlement Commission.
127-E. Power of Settlement Commission to reopen completed proceedings.
127-E. Power of Settlement Commission to reopen completed proceedings.—[xv][* * *]
127-F. Power and procedure of Settlement Commission.
127-F. Power and procedure of Settlement Commission.—(1) In addition to the powers conferred on the Settlement Commission under Chapter V of the Central Excise Act, 1994 (1 of 1944), it shall have all the powers which are vested in an officer of the customs under this Act or the rules made thereunder.
(2) Where an application made under Section 127-B has been allowed to be proceeded with under Section 127-C, the Settlement Commission shall, until an order is passed under sub-section [xvi][(5)] of Section 127-C, have, subject to the provisions of sub-section [xvii][(4)] of that section, exclusive jurisdiction to exercise the powers and perform the functions of any officer of customs or Central Excise Officer, as the case may be, under this Act or in the Central Excise Act, 1944 (1 of 1944), as the case may be, in relation to the case.
(3) In the absence of any express direction by the Settlement Commission to the contrary, nothing in this Chapter shall affect the operation of the provisions of this Act in so far as they relate to any matter other than those before the Settlement Commission.
(4) The Settlement Commission shall, subject to the provisions of Chapter V of the Central Excise Act, 1944 (1 of 1944), and this Chapter, have power to regulate its own procedure and the procedure of Benches thereof in all matters arising out of the exercise of its powers, or of the discharge of its functions, including the places at which the Benches shall hold their sittings.
127-G. Inspection, etc. of reports.
127-G. Inspection, etc. of reports.—No person shall be entitled to inspect, or obtain copies of, any report made by any officer of the Customs to the Settlement Commission; but the Settlement Commission may, in its discretion, furnish copies thereof to any such person on an application made to in this behalf and on payment of such fee as may be specified by rules:
Provided that, for the purpose of enabling any person whose case is under consideration to rebut any evidence brought on record against him in any such report, the Settlement Commission shall, on an application made in this behalf, and on payment by such person of such fee as may be specified by rules, furnish him with a certified copy of any such report or part thereof relevant for the purpose.
127-H. Power of Settlement Commission to grant immunity from prosecution and penalty.
127-H. Power of Settlement Commission to grant immunity from prosecution and penalty.—(1) The Settlement Commission may, if it is satisfied that any person who made the application for settlement under Section 127-B has cooperated with the Settlement Commission in the proceedings before it and has made a full and true disclosure of his duty liability, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this Act [xviii][and also either wholly or in part from the imposition of any penalty and fine:]
Provided that no such immunity shall be granted by the Settlement Commission in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of the application under Section 127-B.
[xix][* * *]
(2) An immunity granted to a person under sub-section (1) shall stand withdrawn if such person fails to pay any sum specified in the order of the settlement passed under [xx][sub-section (5) of Section 127-C within the time specified in such order], 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.
(3) An immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the Settlement Commission, if it is satisfied that such person had, in the course of the settlement proceedings, concealed any particulars, material to the settlement or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the settlement and shall also become liable to the imposition of any penalty under this Act to which such person would have been liable, had no such immunity been granted.
127-I. Power of Settlement Commission to send a case back to the proper officer.
127-I. Power of Settlement Commission to send a case back to the proper officer.—(1) The Settlement Commission may, if it is of opinion that any person who made an application for settlement under Section 127-B has not cooperated with the Settlement Commission in the proceedings before it, send the case back to the proper officer who shall thereupon dispose of the case in accordance with the provisions of this Act as if no application under Section 127-B had been made.
(2) For the purpose of sub-section (1), the proper officer shall be entitled to use all the materials and other information produced by the assessee before the Settlement Commission or the results of the inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it as if such materials, information, inquiry and evidence had been produced before such proper officer or held or recorded by him in the course of the proceedings before him.
(3) For the purposes of the time limit under Section 28 and for the purposes of interest under Section 28-AA, in a case referred to in sub-section (1), the period commencing on and from the date of the application to the Settlement Commission under Section 127-B and ending with the date of receipt by the officer of customs of the order of the Settlement Commission sending the case back to the officer of customs shall be excluded.
127-J. Order of settlement to be conclusive.
127-J. Order of settlement to be conclusive.—Every order of settlement passed under sub-section [xxi][(5)] of Section 127-C shall be conclusive as to the matters stated therein and no matter covered by such order shall, save as otherwise provided in this Chapter, be reopened in any proceeding under this Act or under any other law for the time being in force.
127-K. Recovery of sums due under order of settlement.
127-K. Recovery of sums due under order of settlement.—Any sum specified in an order of settlement passed under sub-section [xxii][(5)] of Section 127-C may, subject to such conditions, if any, as may be specified therein, be recovered, and any penalty for default in making payment of such sum may be imposed and recovered as sums due to the Central Government in accordance with the provisions of Section 142, by the proper officer having jurisdiction over the applicant.
127-L. Bar on subsequent application for settlement in certain cases.
127-L. Bar on subsequent application for settlement in certain cases.—[xxiii][(1)] [xxiv][Where, [xxv][* * *]]—
(i) an order of settlement [xxvi][* * *] provides for the imposition of a penalty on the applicant under Section 127-B for settlement, on the ground of concealment of particulars of his duty liability; or
[xxvii][Explanation.—In this clause, the concealment of particulars of duty liability relates to any such concealment made from the officer of customs.]
(ii) after the passing of an order of settlement [xxviii][* * *] in relation to a case, such person is convicted of any offence under this Act in relation to that case; or
(iii) the case of such person is sent back to the proper officer by the Settlement Commission under Section 127-I.
then such person shall not be entitled to apply for settlement under Section 127-B in relation to any other matter.
(2) [xxix][* * *]
127-M. Proceedings before Settlement Commission to be judicial proceedings.
127-M. Proceedings before Settlement Commission to be judicial proceedings.—Any proceedings under this Chapter before the Settlement Commission shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228, and for the purposes of Section 196, of the Indian Penal Code (45 of 1860).
127-MA. Certain persons who have filed appeals to the Appellate Tribunal entitled to make applications to the Settlement Commission.
127-MA. Certain persons who have filed appeals to the Appellate Tribunal entitled to make applications to the Settlement Commission.—[xxx][* * *]
127-N. Application of certain provisions of Central Excise Act.
127-N. Application of certain provisions of Central Excise Act.—The provisions of Chapter V of the Central Excise Act, 1944 (1 of 1944), in so far as it is not inconsistent with the provisions of this Chapter shall apply in relation to proceedings before the Settlement Commission under this Chapter.]
References
[i] Chap. XIV-A Inserted by Act 21 of 1998, S. 102.
[ii] Substituted by Act 22 of 2007, S. 100 (w.e.f. 1-6-2007).
[iii] The words “in any appeal or revision, as the case may be,” omitted by Act 20 of 2015, S. 85.
[iv] Substituted for “Customs and Central Excise Settlement Commission” by Act 25 of 2014, S. 83 (w.e.f. 1-10-2014).
[v] Substituted by Act 22 of 2007, S. 101 (w.e.f. 1-6-2007).
[vi] Substituted by Act 14 of 2010, S. 57.
[vii] Substituted by Act 25 of 2014, S. 84(i) (w.e.f. 1-10-2014).
[viii] Substituted for “Section 28-AB” by Act 25 of 2014, S. 84(ii) (w.e.f. 1-10-2014).
[ix] Omitted by Act 20 of 2015, S. 86.
[x] Omitted by Act 25 of 2014, S. 84(iii) (w.e.f. 1-10-2014).
[xi] Inserted by Act 7 of 2017, S. 106.
[xii] Substituted by Act 22 of 2007, S. 102 (w.e.f. 1-6-2007).
[xiii] Inserted by Act 7 of 2017, S. 107.
[xiv] Omitted by Act 20 of 2015, S. 87.
[xv] Omitted by Act 20 of 2015, S. 88.
[xvi] Substituted for “(7)” by Act 22 of 2007, S. 104 (w.e.f. 1-6-2007)
[xvii] Substituted for “(6)” by Act 22 of 2007, S. 104 (w.e.f. 1-6-2007)
[xviii] Substituted by Act 22 of 2007, S. 105(i)(a) (w.e.f. 1-6-2007).
[xix] Omitted by Act 20 of 2015, S. 89.
[xx] Substituted by Act 22 of 2007, S. 105(ii) (w.e.f. 1-6-2007).
[xxi] Substituted for “(7)” by Act 22 of 2007, S. 106 (w.e.f. 1-6-2007).
[xxii] Substituted for “(7)” by Act 22 of 2007, S. 107 (w.e.f. 1-6-2007).
[xxiii] Renumbered by Act 22 of 2007, S. 108(i).
[xxiv] Substituted for “where” by Act 22 of 2007, S. 108(i).
[xxv] The words, figures and letters “before the 1st day of June, 2007” omitted by Act 14 of 2010, S. 59(a)(i).
[xxvi] The words, bracket, figures and letters “passed under sub-section (7) of Section 127-C as it stood immediately before the commencement of Section 102 of the Finance Act, 2007 (22 of 2007) or sub-section (5) of Section 127-C” omitted by Act 20 of 2015, S. 90(a).
[xxvii] Inserted by Act 25 of 2014, S. 85 (w.e.f. 1-10-2014).
[xxviii] The words, bracket, figures and letters “under said sub-section (7) as it stood immediately before the commencement of Section 102 of the Finance Act, 2007 (22 of 2007) or sub-section (5) of Section 127-C” omitted by Act 20 of 2015, S. 90(b).
[xxix] Omitted by Act 14 of 2010, S. 59(b) earlier sub-s. (2) was Inserted by Act 22 of 2007, S. 108(ii) (w.e.f. 1-6-2007).
[xxx] Omitted by Act 22 of 2007, S. 109 (w.e.f. 1-6-2007).
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