22 Questions
What is the purpose of Section 127A in the Customs Appeals Process?
Section 127A defines the terms related to the Settlement Commission procedures.
Under what circumstances can a taxpayer make an application to the Settlement Commission?
A taxpayer can make an application to the Settlement Commission if they have received a show cause notice and the case is still pending adjudication.
What is the power of the Settlement Commission under Section 127D?
The Settlement Commission has the power to order provisional attachment to protect revenue under Section 127D.
What is the purpose of an advance ruling in the context of customs clearance?
An advance ruling provides a written decision on questions relating to the classification of goods, applicability of notifications, valuation of goods, and country of origin.
What is the outcome of a settlement order under Section 127J?
A settlement order is conclusive and binding under Section 127J.
What is the power of the Settlement Commission under Section 127H?
The Settlement Commission has the power to grant immunity from prosecution and penalty under Section 127H.
What is the prerequisite for filing an appeal against an order demanding duty and interest or against an order levying fine or penalty?
Depositing the duty and interest demanded or the fine or penalty levied with the proper officer of the Customs.
What is the purpose of the Committee of Principal Chief Commissioner of Customs or Chief Commissioner of Customs in the revisions process?
To examine the records of any proceedings and satisfy itself as to the legality or propriety of any decision or order.
What is the alternate dispute resolution mechanism provided by the Settlement Commission under Customs, Central Excise, and Service Tax Act?
Conciliation rather than litigation.
In which sections of the Customs Act are the provisions for revisions by the Department prescribed?
Section 129D(1) and Section 129A(2).
What is the role of the Settlement Commission in dispute resolution?
To provide an alternate dispute resolution mechanism for taxpayers.
What is the scope of the powers of the Settlement Commission?
To settle tax disputes through conciliation.
What is the prerequisite for filing an appeal against an order demanding duty and interest?
Depositing the duty and interest demanded with the proper officer of the Customs.
In which chapter of the Customs Act are the provisions for settlement of cases through the Settlement Commission?
Chapter XIV.
What is the time limit for filing an appeal with the Commissioner (Appeals) by a person or firm aggrieved by a decision or order passed under the Customs Act?
Three months from the date of communication of such order or decision.
What is the period within which an application to the Appellate Tribunal or the Commissioner (Appeals) can be made by the adjudicating authority or any authorized officer of customs?
One month from the date of communication of the order under the said sub-sections.
What is the power of the Commissioner (Appeals) regarding the time limit for filing an appeal?
The Commissioner (Appeals) may extend the time limit for a further period of three months.
What is the purpose of Section 129E of the Customs Act, 1962?
Deposit, pending appeal, of duty and interest demanded or penalty levied.
What is the power of the Board or Commissioner of Customs under Section 129D of the Customs Act, 1962?
To pass certain orders.
What is the purpose of the Appellate Tribunal under Section 129A of the Customs Act, 1962?
To hear appeals from the Commissioner (Appeals).
Under what circumstances can the Commissioner (Appeals) extend the time limit for filing an appeal?
If the appellant was prevented by sufficient cause from presenting the appeal within the initial time limit.
What is the provision for revision of orders by the Central Government under the Customs Act, 1962?
Section 129DD.
Study Notes
Settlement Commission
- A taxpayer can make an application to the Settlement Commission if they have received a show-cause notice and the case is still pending, disclosing their accepted duty liability and interest.
- The Settlement Commission has the power to order provisional attachment to protect revenue.
- The Commission can grant immunity from prosecution and penalty.
- The Commission can send a case back to the proper officer.
- The order of settlement is conclusive.
- The Commission can recover sums due under the order of settlement.
- There is a bar on subsequent applications for settlement in certain cases.
Advance Ruling
- An advance ruling is a written decision on questions relating to the classification of goods, applicability of notifications, and principles of valuation or determination of country of origin.
- The ruling is made prior to the importation or exportation of goods.
Appeals
- Appeals under Customs are against an order demanding duty and interest, or against an order levying fine or penalty.
- The person desiring to appeal must deposit the duty and interest demanded or the fine or penalty levied with the proper officer of Customs.
- Appeals can be filed by the adjudicating authority or any officer of Customs authorized to do so.
- Appeals can be filed by any person or firm aggrieved by a decision or order passed by an officer of Customs below the rank of Commissioner.
- The Commissioner (Appeals) can extend the time limit for filing an appeal by a further period of three months.
Revision
- The process of review of the order of the Principal Commissioner of Customs or Commissioner of Customs is prescribed in Section 129D(1) and Section 129A(2) of the Customs Act.
- The Committee of Principal Chief Commissioner of Customs or Chief Commissioner of Customs can call for and examine the records of any proceedings to satisfy itself as to the legality or propriety of any decision or order.
This quiz covers the provisions and procedures related to the Settlement Commission in Indian tax laws, including the application process and powers of the Commission.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
