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[Cites 0, Cited by 0] [Section 5] [Entire Act]

State of Bihar - Subsection

Section 5(7) in Bihar Settlement of Taxation Disputes Act, 2016

(7)Upon an order of settlement being passed under sub-section (5), the prescribed authority shall -
(a)in the case of settlement of a dispute relating to an appeal or revision, other than a revision pending before the Tribunal, record an order in the relevant proceeding to the effect that the proceeding need not be proceeded with in view of the dispute having been settled, mentioning therein the details of such settlement,
(b)in the case of a settlement of a dispute (other than a dispute specified in clause (a) of this sub-section or a dispute pending before the Tribunal, any High Court or the Supreme Court) communicate, within seven days, to the authority before which such dispute is pending, a true copy of the order of settlement and the concerned authority shall, upon receipt of the said order, record an order in the relevant proceeding to the effect that the proceeding need not be proceeded with in view of the dispute having been settled, mentioning therein the details of such settlement.
Explanation. - For the purposes of this sub-section, the expression "relevant proceeding" shall mean the proceeding of appeal, revision, review, reference, writ Petition or Special Leave Petition arising out of any order passed under the law and shall include a proceeding for recovery of tax, interest or penalty initiated by and pending before any authority appointed or prescribed or authorised under the law or the Bihar and Orissa Public Demand Recovery Act, 1914.Form Set-I(Form of application for settlement of dispute under the Bihar Settlement of Taxation Disputes Act, 2016)[See Section 4(1)&4 (2)]Before the......................................................................I, ........................... (full name in block letters), son of ................. residing at ............................, Telephone No........................ email ID.........................................*carrying on business under the trade name ......................................... or on behalf of the ..................... ..........(name of the *partnership firm/company/AOP/HUF/etc.) and having registration No. ........... under the Bihar Finance Act, 1981, Bihar Value Added Tax Act, 2005/Other Acts request that the following case be settled.*A The case is pending before the .................................................*B The details of proceedings arising out of an offence alleged to have been committed are as follows :-*C A notice of demand arising out of scrutiny/assessment/reassessment imposition of penalty or interest for the year ............ has been served on *me/us by ................... (name of the authority), which is inconsistent and the amount of admitted tax/assessed tax/penalty/interest in such order of scrutiny/assessment/reassessment penalty or interest are given below -
(a)Amount of admitted tax :
(b)Amount paid as admitted tax :
(c)Process no and date of demand notice :
(d)Amount of dues as per demand notice :
(e)Amount of disputed demand-
(i)tax levied due to non filing of form IX or IXC under Bihar Finance Act, 1981
(ii)amount demanded in respect of assessed tax other than mentioned in above (i)
(iii)amount of interest levied
(iv)amount of penalty levied