Settlement Commission, New Form SC(C)-2 Prescribed under Sec 127B(5) of CA 1962
[Customs Notification No. 37 (Non Tariff) dated 12th April 2017]
In exercise of the powers conferred by
sub-section (1) of section 156 read with section 127B of the Customs Act, 1962 (52
of 1962), the Central Government hereby makes the following rules to amend the
Customs (Settlement of Cases) Rules, 2007, namely:-
1. (1) These
rules may be called the Customs (Settlement of Cases) Amendment Rules, 2017.
(2) They shall come into force on the
date of their publication in the Official Gazette.
2. In the Customs (Settlement of Cases)
Rules, 2007 (hereinafter referred to as the said rules):-
(i) in rule 2
in clause (b), after the word, letters, brackets and figure, Form SC (C)-1,
the words, letters, brackets and figures or Form SC (C)-2 shall be inserted;
(ii) in rule 3
of the said rules,-
(a) after
sub-rule (1), the following sub-rule shall be inserted, namely:-
(1A) An application under sub-section
(5) of section 127B shall be made in Form SC (C) -2.:-
(b) in sub-rule (3), after the word,
letters, brackets and figure, Form SC (C) -1, the words, letters, brackets
and figure or Form SC (C) -2, as the case may be shall be inserted.
(iii). for rule 4 of the said rules,
the following shall be substituted namely:-
4. Disclosure of information in the
application for settlement of cases.--The Settlement Commission shall, while
calling for a report from the Commissioner of Customs under subsection (3) of
section 127C, forward a copy of the application referred to in sub-rule (1) or subrule (1A) of rule 3, as the case may be, to the
Commissioner of Customs along with the annexure and the statements and other
documents accompanying such annexure to the application..
(F.No.275/36/2016-CX.8A (Pt.I))
Form
No.SC (C) 2
[under
sub-rule (1A) of rule 3 of the Customs (Settlement of Cases) Rules, 2007]
Before the Customs and Central Excise
Settlement Commission ________ Bench at ______
Form of application for settlement of a
case of person under sub-section (5) of section 127B of the Act
|
1. |
Full
name of the Person |
|
|
2. |
(i) Postal address of the person |
|
|
|
(ii)
E-mail address of the Person, if any |
|
|
3.
|
(i) Address for communication |
|
|
|
(ii)
Telephone No. |
|
|
4. |
(i) Permanent Account No. |
|
|
|
(ii)
IEC No. (if any) |
|
|
|
(iii)
Status (see note 2) |
|
|
5. |
(i) Commissioner of Customs having jurisdiction over the
person |
|
|
|
(ii)
Postal address of the Commissioner of Customs having jurisdiction over the
person |
|
|
6. |
Details
of Show Cause Notice issued to the person |
|
|
|
(a)
Show Cause Notice No. and date |
|
|
|
(b)
Period of dispute in the notice |
|
|
|
(c)
Duty demanded in the notice (in Rs.) |
|
|
|
(d)
Name of the noticee in the Show Cause Notice from
when the duty is demanded |
|
|
|
(e)
Whether the case of noticee from whom the duty is
demanded, has been settled by the Commission or application is pending for settlement
before the Commission. If yes, please provide the status and details of that application. |
|
|
|
(f)
Dispute in connection with which the application for settlement is made |
. |
|
|
(g)
Adjudicating authority before whom |
|
|
|
(h) |
|
|
|
(i) the notice of any person is
pending adjudication. |
|
|
7. |
Brief
facts of the case and particulars of the issues to be settled |
|
|
Signature
of the Person |
||
Verification
I
. son/daughter of
residing
at
. 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 and that I have not filed any application for settlement of the
provisions of the Chapter XIVA of the Customs Act, 1962 before the Settlement
Commission and also that no information relevant to the facts of the case has
been suppressed. Annexures of 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.
That no proceeding in respect of the
case for which settlement is being sought, is pending before Commissioner
(Appeals), Customs, Excise and Service Tax Appellate Tribunal or the courts, as
the case may be, or has been remanded back to the adjudicating authority by the
said appellate authorities/courts.
Verified today the
day of
(mention the month and year)
. (mention
the place)
Deponent
Note:
1. The
application fee should be credited in a branch of the authorized bank or a
branch of the State Bank of India or a branch of Reserve Bank of India and the
triplicate copy of the challan sent to the Settlement
Commission with application. The Settlement Commission will not accept cheques,
drafts, hundies or other negotiable instruments.
2. Please
state whether individual, Hindu undivided family, company, firm, an association
of persons, etc.
Annexure
Statement containing particulars,
referred to in item 7 of the application made under sub-section (5) of section
127B of the Customs Act, 1962.
1. Full
and true disclosure of the facts regarding the issues to be settled including
the terms of settlement sought for by the applicant.
Signature of the Person
Place:
Date: