TaxTMI 
TaxTMI 
Procedure on receipt of application under section 127B
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....stoms or 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 ^4A[Principal Commissioner of Customs or 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 ^4E[Principal Commissioner or Commissioner of Customs] 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 ^4F[Principal Commissioner or Commissioner of Customs]. (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 writi....
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....xcise 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 32D of the Central Excise Act, 1944 (1 of 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 therefore 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 127B. ^7[(8A) The order under sub-section (5) shall be passed within a period of nine months from the last day of the month in which the application under section 127B is made, and if, no or....
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....) the provisions of sub-section (10) shall have effect as if for the words "Settlement Commission", the words "Settlement Commission or the Interim Board" had been substituted. (12) Notwithstanding anything contained in this section, the Interim Board may, within three months from the date of its constitution under section 31A of the Central Excise Act, 1944 (1 of 1944), for the reasons to be recorded in writing, extend the time limit referred to in sub-section (8A), by such further period not exceeding twelve months from the date of such constitution.] ************* NOTES:- 1. Inserted vide Section 102 of the Finance (No. 2) Act, 1998 w.e.f. 01-08-1998 2. Substituted vide Section 102 of the Finance Act, 2007 w.e.f. 01-06-2007 before it was read as, "^1[127C. Procedure on receipt of application under section 127B. (1) On receipt of an application under section 127B, the Settlement Commission shall call for a report from the Commissioner of Customs having jurisdiction and on the basis of the materials contained in such report and having regard to the nature and circumstances of the case or the....
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....be recovered as the sum due to the Central Government by the proper officer having jurisdiction over the applicant in accordance with the provisions of Section 142. (6) Where an application is allowed to be proceeded with under sub-section (1), the Settlement Commission may call for the relevant records from the commissioner of Customs having jurisdiction and after examination of such records, if the Settlement Commission is of the opinion that any further enquiry or investigation in the matter is necessary, it may direct the Commissioner (Investigation) to make or cause to be made such further enquiry or investigation and furnish a report on the matters covered by the application and any other matter relating to the case. (7) After examination of the records and the report of the Commissioner of Customs received under sub-section (1), and the report, if any, of the Commissioner (Investigation) of the Settlement Commission under sub-section (6), 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 fur....
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.... Finance Act, 2010 w.e.f. 08-05-2010 4. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner of Customs" 4A. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner of Customs" 4B. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner of Customs" 4C. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner of Customs" 4D. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner of Customs" 4E. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner" 4F. Substituted vide Section 78 of the Finance (No. 2) Act, 2014 w.e.f. 06-08-2014 before it was read as, "Commissioner" 5. ....