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TMI BlogSettlement of Cases/ Settlement CommissionX X X X Extracts X X X X X X X X Extracts X X X X ..... other person, may file an application before the Settlement Commission to have the case settled, before adjudication of case. The application needs to be in such manner as may be specified by rules, and containing a full and true disclosure of his duty liability which has not been disclosed before the proper officer, the manner in which such liability has been incurred, the additional amount of customs duty accepted to be payable by him or such other particulars like admission of short levy on account of misclassification, undervaluation or inapplicability of exemption notification. It is also specified that no application can be made unless the appellant has filed a Bill of Entry, or a Shipping Bill, or a bill of export, or made a baggage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding before the Settlement Commission and such notice is pending before an adjudicating authority. [Inserted by Finance Act, 2017 (7 of 2017), dated 31.03.2017] 11.4 In the Customs Act, in Section 127C, after sub-section (8), the following sub-section 8A has been inserted by Finance Act, 2023 (8 of 2023), dated 31.03.2023 w.e.f. 01.04.2023 vide Notification No. 21/2023-Customs (NT), dated 31.03.2023, wherein, it is specified that 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 the adjudicating authority before whom the proceeding at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of any officer of Customs or Central Excise Officer under the said Acts. 11.8 Any proceedings before the Settlement Commission shall be deemed to be a judicial proceeding and every order passed by the Settlement Commission under Section 127J of the Customs Act, 1962 is conclusive in respect of the matters stated therein and no matter covered by such order, save as otherwise provided in chapter XIV-A, be reopened in any proceeding under the Customs Act, 1962 or under any other law for the time being in force. The Settlement Commission can consider immunity from prosecution proceedings if the applicant cooperates with the Commission in the proceedings before it and makes full and true disclosure of his duty liability. Even grant of immun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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