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Procedure on receipt of application under rule 3

Procedure on receipt of application under rule 3

(1) On receipt of an application under rule 3, the compounding authority shall call for a report from the reporting authority with reference to the particulars furnished in the application, or any other information, which may be considered relevant for examination of such application.

(2) Such report shall be furnished by the reporting authority within a period of one month or within such extended period as may be allowed by the compounding authority, from the date of receipt of communication from the compounding authority.

(3) The compounding authority, after taking into account the contents of the said application, may, by order, either allow the application indicating the compounding amount in terms of rule 5 and grant him immunity from prosecution in terms of rule 6 or reject such application:

Provided that application shall not be rejected unless an opportunity has been given to the applicant of being heard and the grounds of such rejection are mentioned in such order:

Provided further that application shall not be allowed unless the service tax, penalty and interest liable to be paid have been paid for the case for which application has been made.

(4) A copy of every order under sub-rule (3) shall be sent to the applicant.

(5) The applicant shall, within a period of thirty days from the date of receipt of order under sub-rule (3) allowing the compounding of offences, pay the compounding amount, as ordered to be paid by the compounding authority and shall furnish the proof of such payment to the compounding authority.

(6) The compounding amount once paid shall not be refunded except in cases where the court rejects grant of immunity from prosecution.

(7) The applicant shall not claim, as of right, that his offence be compounded.

5 Fixation of the compounding amount

For the purpose of compounding of offences under the provisions of the Act, the compounding amount shall be as provided in the following Table, namely:-

Table

Sl. No.OffenceCompounding amount
(1)(2)(3)
1Offence specified under section 89 (1)(a) of the ActUp to fifty per cent of the amount of service tax evasion, subject to minimum of ten per cent of amount of tax evaded
2Offence specified under section 89 (1)(b) of the ActUpto fifty per cent. of the amount of CENVAT Credit wrongly taken or utilised, subject to minimum of ten per cent of said amount.
3Offence specified under section 89 (1)(c) of the ActRupees fifty thousand for the first offence and to be increased by hundred per cent of this amount for each subsequent offence
4Offence specified under section 89 (1)(d) of the ActUpto twenty five per cent of the amount of service tax not deposited subject to a minimum of two per cent for each month for which the amount has not been so deposited.

Provided that if a person has committed offences falling under more than one category specified above and where the amount of service tax evasion or amount of CENVAT Credit wrongly taken or utilised is the same for all such offences, the compounding amount, in such cases, shall be the amount as determined for the offence for which a higher compounding amount has been prescribed.

Procedure on receipt of application under rule 3

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