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Central Excise (Settlement of Cases) Rules, 2007
[Notification No. 28/2007-C.E. (N.T.), dated 28.05.2007]
In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944) and in supersession of the Central Excise (Settlement of Cases) Rules, 2001, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :-
Rule 1. Short title and commencement.-
(1) These rules may be called the Central Excise
(Settlement of Cases) Rules, 2007.
Rule 2. Definitions.-
In these rules, unless the context otherwise requires, -
Rule 3. Form and manner of Application. -
(1) An application under sub-section (1) of section 32E shall be made in the Form SC(E)-1.
(2) The application referred to in sub-rule (1), the verification contained therein and all relevant documents accompanying such application shall be signed, -
(3) Every application in Form SC(E)-1 shall be filed in quintuplicate and shall be accompanied by a fee of one thousand rupees.
(4) The additional amount of excise duty accepted by the applicant under sub-section (1) of section 32E, along with interest due thereon, shall be deposited by him in any of the authorized bank under TR-6 challan in quintuplicate.
Rule 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 under sub-section (3) of section 32F, forward a copy of the application referred to in sub-rule (1) of rule 2 along with the annexure to the application and the statements and other documents accompanying such annexure.
Rule 5. Manner of Provisional Attachment of Property. -
(1) Where the Settlement Commission orders attachment of property under sub-section (1) of section 32G, it shall send a copy of such order to the Commissioner of Central Excise 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 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.
Rule 6. Fee for Copies of reports.-
Any person who
makes an application under section 32J , 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.