Section 74B in The Kerala Agricultural Income Tax Act, 1991
74B. Filing of application for settlement of cases.
(1)Notwithstanding anything contrary contained in this Act an assessee may at any stage of an appeal or revision pending before any authority under this Act or High Court, make an application in such form and in such manner as may be prescribed, containing a full and true disclosure of his total agriculture income or other amount which had not been disclosed before the Assessing Officer, including the additional amount of tax payable on such income and other particular, as may be prescribed to the settlement commission to have the case settled and any such application shall be disposed of in the manner hereinafter provided:Provided that no such application shall be made unless, the assessee has furnished the details of his total agriculture income which he is or was required to furnish under any of the provisions of this Act:Provided further that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard.(2)Every application made under sub-section (1) shall be accompanied by such fees as may be prescribed.(3)An application made under sub-section (1) shall not be allowed to be withdrawn by the applicant.(4)On receipt of an application under sub-section (1), the Settlement Commission shall call for a report from the Deputy Commissioner and on the basis of the materials contained in such report and having regard to the nature and circumstance of the case or complexity of investigation therein, the Settlement Commission may, by order, allow the application to be proceeded with or reject the application:Provided that an application shall not be rejected under this subsection unless an opportunity has been given to the applicant of being heard.Provided further that the Deputy Commissioner shall furnish the report within a period of forty-five days of the receipt of communication from the Settlement Commission, and if the Deputy Commissioner fails to furnish the report within the said period, the Settlement Commission may make the order without such report.(5)A copy of every order under sub-section (4) shall be sent to the applicant and to the Deputy Commissioner.(6)Subject to the provisions of sub-section (7), the assessee shall, within thirty five days of the receipt of a copy of the order under subsection (4) allowing the application to be proceed with, pay the additional amount of tax or other amount payable on the total agriculture income disclosed in the application and shall furnish proof of such payment to the Settlement Commission.(7)Where an application is allowed to be proceeded with under subsection (4), the Settlement Commission may call for the relevant reports from the Deputy Commissioner and after examination of such records, if the Settlement Commission of the opinion that any further enquiry or investigation in the matter is necessary, it may direct the Deputy Commissioner to make or cause to be made such further enquiry or investigation and furnish a report on the matter covered by the application and any other matter relating to the case.(8)After examination of the records and the report of the Deputy Commissioner received under sub-section (4) or (8) and giving an opportunity to the applicant and the Deputy Commissioner to be heard, either in person or through a representative duly authorised in this behalf and after examining such further evidence as may be placed before it or obtained by it, the Settlement Commission may, in accordance with the provision of this Act, pass such order as it think fit, on the matter covered by the application and any other matter relating to the case not covered by the application, but referred to in the report of the Deputy Commissioner under sub-section (4) or subsection (8).Provided that the Settlement Commission shall pass such order within a period of one hundred and eighty days from the date of allowing the application.(9)Every order passed under sub-section (9) shall provide from the terms of of settlement including any demand by way of tax, penalty or interest, the manner in which any sum due under the settlement shall be paid and all other matter to make the settlement effective and shall also provide that the settlement shall be void if it is subsequently found by the Settlement Commission that it has been obtained by fraud or misrepresentation of facts.(10)Where any tax payable in pursuance of an order under subsection (9) is not paid by the assessee within thirty five days of the receipt of a copy of the order by him, the assessee shall be liable to pay interest at the rate of one per cent of each month or part thereof for the first three months after the date specified for its payment; and at the rate of two per cent of each month or part thereof, subsequent to the first three months aforesaid, on the amount remaining unpaid from the date of expiry of the period of thirty five days.(11)Where a settlement become void as provided under sub-section (10), the proceedings with respect to the matter covered by the settlement shall be deemed to have been revived from the state at which the application was allowed to be proceeded with by the Settlement Commission and the authority concerned may, notwithstanding anything contained in any other provisions of this Act, complete such proceedings at any time before the expiry of two years from the end of the final year in which the settlement become void.(12)If the matter is settled under the provisions of this section, the Deputy Commissioner shall intimate the fact of such settlement to the authority specified to the sub-section (1) or the High Court as the case may be.
