Clause 277 - Order of settlement. - Direct Taxes Code, 2010

Order of settlement. 277. (1) The Settlement Commission shall, after the application has not been declared as invalid under sub-section (6) of section 275, pass such order in writing as it thinks fit, in accordance with the provisions of this Code, on the matters covered by the application and any other matters relating to the case not covered by the application but referred to in the report of the Commissioner under sub-section (5) of section 275 or sub-section (3) of section 276. (2) The order passed by the Settlement Commission under sub-section (1) shall provide - (a) for the terms of settlement including any demand by way of tax, penalty or interest, the manner in which any sum due under the settlement shall be paid and all other matters to make the settlement effective; and (b) 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. (3) The Settlement Commission, before passing any order under sub-section (1), shall - (a) examine the records called for from the Commissioner; (b) examine all the issues arising from the report of the Commissioner received under sub-section (5) of section 275 or sub-section (3) of section 276; (c) provide an opportunity to the applicant and to the Commissioner to be heard, either in person or through a representative duly authorised in this behalf; and (d) examine such further evidence as may be placed before it or obtained by it. (4) The Settlement Commission shall pass the order under sub-section (1) within a period of eighteen months from the end of the month in which the application was made.