Eligibility for settlement

(1) An applicant shall be eligible to make an application for settlement of arrear tax, penalty or interest in dispute in respect of any period ending on or before the 30th day of June, 2017 wherein a notice of demand has been raised in pursuance of an assessment or an appeal or review or revision under the relevant Act, and the amount of tax, penalty or interest specified in the notice remains unpaid on the 31st day of January, 2024, partly or fully. (2) Where any tax, penalty or interest due from any proprietor is in dispute in respect of any period for which an assessment has been made under the relevant Act and where any application relating thereto is pending before the West Bengal Taxation Tribunal established under section 3 of the West Bengal Taxation Tribunal Act, 1987 (hereinafter referred to as the Tribunal), or the High Court, or the Supreme Court, on the 31st day of January, 2024, then, notwithstanding anything contained elsewhere in this section,- (a) such arrear tax, penalty or interest due shall be deemed to be "arrear tax, penalty or interest in dispute"; and (b) such pending application shall be deemed to be a "pending revision" under this Act for the purpose of settlement of arrear tax, penalty or interest in dispute referred to in clause (a), and such proprietor shall be eligible to make an application for settlement of the arrear tax, penalty or interest in dispute, as referred to in clause (a), in accordance with the provisions of this section and the rules made thereunder: Provided that the provisions of this sub-section shall apply only where, in respect of an application under this sub-section, the applicant obtains the leave of the Tribunal or the High Court or the Supreme Court, as the case may be, for settlement of such dispute under this Act.