152A. Definition

152A. Definition

152B. Taxes settlemsent Commission

      [152B.Taxes settlemsent Commission.--

1. The Government shall appoint a Commission to be called the Taxes Settlement Commission which shall exercise the powers conferred upon and discharge the functions assigned to it under this Chapter.

2. The Commission shall consist of a Chairman and as many full-time and part-time members as may be determined by the Government from time to time.

3. The Chairman and other members of the Commission shall be appointed by the Government form amongst persons of integrity and outstanding ability having special knowledge of, and experience in, matters relating to income tax law, accountants, trade, commerce, industry, business and administration.

152C. Powers and Functions of Commission

[152c. Powers and Functions of Commission

(1) The powers and functions of the Commission shall be exercised and discharged by benches of the Commission to be constitued by the Chairman.

(2) A bench shall ordinarily consist of two full-time members or one fulltime member and one part-time member and shall be presided over by the Chairman;
Provided that where the Chairman is not a member of the bench. the Chairman shall authorise any member of the bench to preside over it.

(3) Subject to the provisions of this Ordinance, the Commission shall regulate its own procedure and the procedures of its benches in all matters arising out of the discharge of its functions including the places at which a bench shall hold its sittings.

(4) If the members of a bench differ in opinion as to the decision to be given on any point,-

(a) the point shall be decided according to the opinion of the majority, if there is a majority;

(b) if the members are equally divided and the Chairman of the Commission is not himself a member of the bench, the case shall be referred to the Chairman and the decision of the Commission shall be expressed in terms of the opinion of the Chairman; and

(c) if the members are equally divided and the: Chairman of the Commission is himself a member of the bench "the opinion of the Chairman shall prevail and the decision of the Commission shall be expressed in terms of the opinion of the Chairman.

(5) The order of the Commission in any case or on any point shall be final and conclusive:
Provided that in a case where the Commission is of the opinion that the case involves a substantial question of law , it may, at any time, transfer the case to the Taxes Appellate Tribunal, and the provisions of Chapter XIX shall apply to the case so transferred.

152D. Application for Settlement of Cases

[152d**] Application for Settlement of Cases

(1) An assessee, not being a company having a paid up capital of taka fifty lakhs or above, may make an application in the prescribed form and verified in the prescribed manner to the Commission if he is aggrieved by an order of

(a) an Inspecting Joint Commissioner of Taxes under section 10 or section 120; or

(b) a Deputy Commissioner of Taxes under Chapter IX of this Ordinance.

(2) No application under sub-section (I) shall lie before the Commission unless-

(a) the assessee has filed the return of income under this Ordinance and the income tax payable on the basis of such return has been paid;

(b) the assessee has waived his right of appeal or revision, as the case may be;

(c) the application has been made within sixty days of the receipt of the order referred to in sub-section (1); and

(d) the application made under sub-section (I) is accompanied by a fee of taka three hundred,

(3) An assessee having made an application under sub- section (1) shall not be allowed to withdraw it.

152E. Disposal of application by the Commission

[152E] Disposal of application by the Commission.----------

(1) The Commission, on having received the application, may either allow the application or may reject the same if it is satisfied that anyone or more of the conditions laid down in sub-section (2) of section 152D have not been complied with:
Provided that the application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard.

(2) Where an application is allowed under sub-section (I), the Commission may call for the relevant records from the Commissioner and after examination of such records and such other evidences, as it may deem fit, pass such order as it thinks fit after giving to the applicant and the Commissioner an opportunity of being heard in person or through their authorised representatives.

(3) Every order passed under sub-section (2) shall provide for the terms of settlement including any demand of tax, penalty or interest, the manner in which any sum due under the settlement shall be paid and all other matters necessary to make the settlement effective.

(4) The Commission shall pass its order under this section within six months from the date of the receipt of the application, and shall communicate the order to the applicant and the Commissioner within thirty days from the date of passing of such order.]