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TMI BlogProcedure on receipt of application under section 127BX X X X Extracts X X X X X X X X Extracts X X X X ..... ion, as the case may be, and the proceedings before the Settlement Commission shall abate on the date of rejection: Provided that where no notice has been issued or no order has been passed within the aforesaid period by the Settlement Commission, the application shall be deemed to have been allowed to be proceeded with. (2) A copy of every order under sub-section (1) shall be sent to the applicant and to the 2 [Principal Commissioner of Customs 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Customs received under sub-section (3), and the report, if any, of the Commissioner (Investigation) of the Settlement Commission under sub-section (4), and after giving an opportunity to the applicant and to the 2 [Principal Commissioner of Customs or] Commissioner of Customs having jurisdiction to be heard, either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in accordance with the provisions of this Act, pass such order as it thinks fit on the matters covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the 2 [Pri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be paid and all other matters to make the settlement effective and in case of rejection contain the reasons therefor 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. 5 [ (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 order is passed within the said period, the settlement proceedings shall abate, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may, notwithstanding anything contained in any other provision of this Act, complete such proceedings at any time before the expiry of two years from the date of the receipt of communication that the settlement became void. **************** Notes:- 1. In sub-section (6), the proviso has been inserted, vide Finance Act, 2010 w.e.f. 08.05.2010. 2. Inserted vide THE FINANCE (No. 2) ACT, 2014 3. Omitted vide THE FINANCE ACT, 2015 w.e.f. 14th May 2015, before it was read as, (6) An order under sub-section (5) shall not be passed in respect of an application filed on or before the 31st day of May, 2007, later than the 29th February, 2008 and in respect of an application made on or after the 1st day of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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