Notification No. 55/99-CE(NT), Dated 22nd October. 1999
In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944)the Central Government hereby makes the following rules further to amend the Central ExciseRules, 1944, namely:-

1.

(1) These rules may be called the Central Excise (Seventeenth Amendment) Rules, 1999.

(2) They shall come in the force on the date of their publication in the Official Gazette.

2. In the Central Excise Rules, 1944 (herein after referred to as the rules),

(i) in Chapter XII C, the rule 220 shall be re-numbered as rule 219.

(ii) after Chapter XII C the following Chapter shall be inserted, namely:-

""CHAPTER XIII

Matters relating to Settlement of Cases

220. Form and manner of Application. -

(1) An application under sub-section (1) of section 32E of the Act, to the Customs and Central Excise Settlement Commission shall be made in Form SC (E)-1 and shall be accompanied by a fee of one thousand rupees.

(2) The application referred to in sub-rule (1), the verification contained therein and all relevant documents accompanying such application shall be filed in quintuplicate and shall be signed by the person specified in sub-rule (2) of Rule 213.

220A. Disclosure of information in the application for settlement of cases. -

(1). The Settlement Commission may, while calling for a report from the Commissioner of Central Excise under sub-section (1) of section 32F of the Act, forward a copy of the application referred to in sub-rule (1) of rule 220. (other than the annexure and the statements and other documents accompanying such annexure).

(2) Where an order under sub-section (1) of section 32F of the Act, has been made to proceed with the application by the Settlement Commission, the information contained in the Annexure to the application in Form SC(E)-1 and the statements and other documents accompanying such annexure shall be sent to the Commissioner of Central Excise along with a copy of the said order.

220B. Manner of Provisional Attachment of Property.-

(1) Where the Settlement Commission, orders attachment of property under sub-section (1) of section, 32G of the Act, 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 oi 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 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 the 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.

220C. Fee for copies of reports. - Any person who, under section 32J of the Act, makes an application 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 there..""

3. In appendix I to the said rules, -

(a) in (I) List of Central Excise Forms, after Central Excise Series No,95 and tile entries relating thereto, the following shall be inserted, namely:-

Central Excise Series No.	Description of Form	Rule No.	Short Title.
""96	Form of application for settlement of a case under section 32E of the Central Excise Act, 1944	220	SC (E) 1

(b) in (II) Specimen Forms, after Form E.A.-8, the following Form shall be inserted, namely:-
Form No.SC(E)-1

(See rule 22)""

Before the Customs and Central Excise Settlement Commission.
------------- Bench at --------------
(Form of application for settlement of a case under Section 32E of the Central Excise Act. 1944)
S.A.(E) No. /99.

1 . Full Name and address of the applicant:

2. Address for communication:

3.
(i) Permanent account no:

(ii) Central Excise Registration no.

(iii) Status : [see note 2]

4. Commissioner of Central Excise having
jurisdiction over the applicant:

5. Period / date of the cause / dispute in Connection
with which the application for settlement is made:

6. Whether monthly returns showing production, clearance
and central excise duty paid were filed for the period of
dispute.

7. Proceedings to which application for settlement relates,
the date from which the proceedings ate pending and
authority before whom the proceedings are pending:

8. Where any appeal or application for revision has been preferred
after the expiry of the period specified for filing such appeal
or
application for revision, as the case may be, whether such
appeal or revision has been admitted.

9. Date of seizure, if any:

10. Brief facts of the case and particulars of the issues to the
settled:

11. Total amount of duty involved in the dispute:

12. Additional amount, of duty disclosed and accepted as payable.
[See Note 3]

Signature of the applicant.
Verification.
I.......................son / daughter/ wife of ............................residing at ................do solemnly declare that I am making this application in my capacity as and I am competent to verify it.

That the contents of this application are true to the best of my knowledge and belief and no information relevant to the facts of the case has been suppressed. Annexures of the documents accompanying the application are true copies of the originals and the tables showing financial transactions are correct and are duly attested by me.

Verified today the ...... day of ............... 1999 at

Deponent.

Note

1. The application fee should be credited in a branch of the authorised bank or a branch of the State bank of India or a branch of Reserve Bank of India and triplicate copy of the challan sent to the Settlement Commission with the application. The Settlement Commission will not accept cheques, drafts, hundies or other negotiable instruments.

2. Please state whether individual, Hindu undivided family, company, firm, an association of persons, etc.

3. The additional amount of Central Excise duty accepted as payable referred to in item 12 shall be given in Annexure to this application.
ANNEXURE

Statement containing particulars referred to in item 12 of the application made under section 32E(1) of the Central Excise Act, 1944.

1. Details of information which has not been correctly declared in the monthly return.

2. Additional amount of duty payable on the goods covered in the monthly return and the manner in which such duty has been derived:

3. Duty liability accepted out of the total duty demanded in the show cause notice, if any, issued and the manner in which such duty liability has been derived:

4. Full and true disclosure of the facts regarding the issues to be settled, including the terms of settlement sought for by the applicant

Signature of the applicant.

Place:

Date:

Sd/-
(T.S. Sandhu)
Under Secretary to the Government of India

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