68. Application for Settlement.

(1) The Tax Settlement Board shall entertain an application on fulfillment of the following conditions, namely. -

(a) there shall be an appeal, revision, writ or any suit or complaint pending before any competent authority or court viz., Supreme Court, High Court, Tax Board, Board of Revenue, appellate authority under the Act, any Recovery or Civil or Criminal courts in or outside the State, wherein arrears of tax, penalty and interest or recovery is in dispute for at least three years on the date of filing of the application in the Board;

(b) the disputed amount of tax, penalty and interest (other than accrued interest) on the date of submitting application, shall not be less than rupees one lac in each case; and

(c) such dispute shall arise out of the action taken under the Act or the erstwhile Rajasthan Sales Tax Act, 1954 or the Rajasthan Sales Tax Act, 1994 or the Central Sales Tax Act, 1956 or any other Act(s) as may be notified by the State Government from time to time.

(2) Application for settlement shall be submitted, in the Form VAT-56 and separate applications shall be made by the applicant for separate orders, to the Tax Settlement Board by the applicant through the concerned assessing authority or the officer,;

(3) Every such application shall be accompanied by:

(a) a fee of rupees five hundred; and

(b) a proof of the case being pending in appropriate forum on the date of filing of the application.

Explanation. Unless the subject or context otherwise requires, -

(a) "Applicant" means a dealer or person and includes legal heir, successor, assignee or nominee of such dealer or person.

(b) "Arrears of tax, penalty and interest in dispute" means, -

(i) Tax, by whatever name called payable by the dealer or person under the Act, the erstwhile Rajasthan Sales Tax Act, 1954 or the Rajasthan Sales Tax Act, 1994 or the Central Sales Tax Act, 1956, or under any other Act(s) as may be notified by the State Government, but does not include the tax collected and /or charged;

(ii) Penalty imposed on a dealer or person under the Act(s) referred to in (i) above; and

(iii) Interest payable by a dealer or person under the Act(s) referred to in (i) above, as determined for delayed payment or non payment of tax, or as accrued in respect of non-payment or short payment of demand of tax, penalty and interest.

(c) "Case" means an appeal, revision, writ or any suit or complaint pending before the competent court wherein arrears of tax, penalty and interest are under dispute.