Clause 275 - Admission of application. - Direct Taxes Code, 2010

Admission of application. 275. (1) The Settlement Commission shall, within a period of ten days from the date of the receipt of an application under section 273, issue a notice to the applicant requiring him to explain as to why the application made by him may be allowed to be proceeded with. (2) The Settlement Commission shall, on hearing the applicant, within a period of twenty days from the date of receipt of the application, by an order in writing, reject or allow the application to be proceeded with. (3) The application received under section 273 shall be deemed to have been allowed to be proceeded with, if no order has been passed within the period specified in sub-section (2). (4) The Settlement Commission shall in respect of an application which has been allowed to be proceeded with under sub-section (1) or sub-section (2), call for a report from the Commissioner within a period of forty-five days from the date on which the application is made. (5) The Commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the Settlement Commission under sub-section (4). (6) The Settlement Commission may, on the basis of the report of the Commissioner, and within a period of fifteen days of the receipt of the report by an order in writing, declare the application in question as invalid. (7) The Settlement Commission, before passing the order under sub-section (6), shall- (a) consider the report of the Commissioner, if it is furnished within the time specified in sub-section (5); (b) take into account the nature and circumstances of the case or the complexity of the investigation involved therein; and (c) provide an opportunity of being heard to the applicant and to the Commissioner. (8) The Settlement Commission shall send a copy of order under sub-sections (2) and (6) to the applicant and to the Commissioner.