What orders can be passed by the Settlement Commission?
Question 11
Bill
Settlement Commission
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 11. What orders can be passed by the Settlement Commission?
Ans. 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 fr
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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. R eopen 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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Statute, statutory provisions legislat
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