1. Short title and commencement. -
(1) These rules may be called the Service Tax (Settlement of Cases) Rules, 2012.
(2) They shall come into force on the date of publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,-
(a) “Act” means Chapter V of the Finance Act, 1994 (32 of 1994);
(b) “Excise Act” means the Central Excise Act, 1944 (1 of 1944);
(c) “Form SC(ST)-1 [or Form SC (ST)-2]” means the form appended to these rules;
(d) “section” means a section of the Act ;
(e) words and expressions used herein and not defined but defined in the Act or Excise Act, shall have the respective meanings assigned to them in those Acts.
3. Form and manner of Application. –
(1) An application under sub-section (1) of section 32E of Excise Act, made applicable to service tax vide section 83 of the Act, shall be made in the Form SC(ST)-1.
An application under sub- [(1A)section (5) of section 32E of Excise Act, made applicable to service tax vide section 83 of the Act, shall be made in Form SC (ST)-2].
(2) The application referred to in sub-rule (1), the verification contained therein and all relevant documents accompanying such application shall be signed,-
(a) in the case of an individual, by the individual himself or where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is a minor or is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;
(b) in the case of a Hindu undivided family, by the Karta of such family and, where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by the senior most adult member of the family available;
(c) in the case of a company or local authority, by the principal officer thereof;
(d) in the case of a firm, by any partner thereof, not being a minor;
(e) in case of any other association, by any member of the association or the principal officer thereof; and
(f) in the case of any other person, by that person or some person competent to act on his behalf.
(3) Every application in the Form SC (ST)-1 or Form SC (3) (ST)-2, as the case may be shall be filed in quintuplicate and shall be accompanied by a fee of one thousand rupees.
(4) The additional amount of service tax accepted by the applicant along with interest due thereon, shall be deposited by him in any of the authorised bank under TR-6, referred to in the Service Tax Rules, 1994 (hereinafter referred to as TR-6 Challan) in quintuplicate, or G.A.R.-7 and shall be disclosed by him in the Form.
4. Disclosure of information in the application for settlement of cases. –
The Settlement Commission shall, while calling for a report from the Commissioner of Central Excise having jurisdiction or Commissioner of Service Tax having jurisdiction, under sub-section (3) of section 32F of Excise Act, made applicable to Service Tax vide section 83 of the Act, forward a copy of the application referred to in sub-rule (1) or sub-rule (1A) of rule 3, as the case may be, to the Commissioner of Central Excise having jurisdiction or Commissioner of Service Tax along with the annexure and the statements and other documents accompanying such annexure to the application.
5. Manner of provisional attachment of property. –
(1) Where the Settlement Commission orders attachment of property under sub-section (1) of section 32G of Excise Act, made applicable to service tax vide section 83 of the Act, it shall send a copy of such order to the Commissioner of Central Excise or Commissioner of Service Tax having jurisdiction over the place in which the applicant owns any movable or immovable property or resides or carries on his business or has his bank account.
(2) On receipt of the order referred to in sub-rule (1), the Commissioner may authorise any officer subordinate to him and not below the rank of an Assistant Commissioner of Central Excise or Service Tax to take steps to attach such property of the applicant.
(3) The officer authorised under sub-rule (2) shall prepare an inventory of the property attached and specify in it, in the case of the immovable property, the description of such property sufficient to identify it and in case of the movable property, the place where such property is lodged or kept and shall hand over a copy of the same to the applicant or to the person from whose charge the property is attached.
(4) The officer authorised under sub-rule (2) shall send a copy of the inventory so prepared each to the Commissioner of Central Excise and the Settlement Commission.
6. Fee for copies of reports. – Any person who makes an application under section 32J of Excise Act, made applicable to service tax vide section 83 of the Act, for obtaining copies of reports made by any Central Excise Officer, shall pay a fee of five rupees per page of each report or part thereof.