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24-C. Procedure on receipt of an application

24-C. Procedure on receipt of an application


(1) The Settlement Authority shall pass an appropriate order, including waiver of the whole
or part of the interest and the penalty levied and included in the amount payable by the
dealer, on every application for settlement after affording an opportunity of hearing to the
dealer.
(2) The Settlement Authority shall consider the application and the submissions, if any, made
before them by the dealer and thereafter decide the amount to be deposited by the
applicant.
(3) The dealer shall submit an application for withdrawal of the case pending before the High
Court and a copy thereof shall be submitted to the Settlement Authority before the issue of
order of settlement.
(4) If the amount required to be deposited under sub section (2), has already been deposited
by the dealer, the Settlement Authority shall pass an order of settlement. If the amount
deposited is less than the amount decided by the Settlement Authority, the balance amount
shall be deposited by the dealer within the time as may be decided by the Settlement
Authority. On receipt of proof of payment of the balance amount, the Settlement Authority
shall pass an order of settlement.
(5) The Settlement Authority shall pass a settlement order on every application indicating the
balance amount of interest and penalty waived on settlement.
(6) The Settlement Authority may remand the case wherever it thinks fit.
(7) An order of settlement shall not form the basis for any claim by the applicant in cases
other than the case in which such settlement order has been passed.
(8) No penal action against the applicant under any Act administered by the department shall
be initiated after an order of settlement has been passed under this section. The dealer also
shall not be entitled to refund of any amount or any other benefit under any Act afterwards.

 

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Goods & Service Tax


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