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| 11. Cancellation of certificate of registration M. VAT RULES | |
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(1) An application for cancellation of registration under sub-section (6) of section 16 shall be made to the registering authority in Form 103 and if the application is made under clause (a) of that sub-section, it shall be made within thirty days of the date of discontinuance, transfer or disposal of business.
(In the above para the words “or change of place of business to a different local area”.are deleted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(2) If the registering authority is satisfied that the application is in order, it shall, by order in writing, cancel the registration with effect from a date fixed in accordance with sub-rule (3). A copy of such order shall be served on the dealer.
(3) Where registration is to be cancelled -
(a) on the ground referred to in clause (a) of sub-section (6) of section 16, the date on which the business has been discontinued or otherwise disposed of or has been transferred, shall be the date of cancellation of registration; or
(b) on the ground referred to in clause (b) of sub-section (6) of section 16, the date for cancellation of the registration shall not be later than the first day of the month next following the date of passing of the order referred to in sub-rule (2).
(4) Where the registration of a dealer is to be cancelled under the first proviso to sub-section (6) of section 16, the Commissioner shall after giving the dealer a reasonable opportunity of being heard, cancel the registration by an order in writing with effect from such date as the Commissioner may fix to be the date on which the business has been discontinued or transferred or disposed off or changed to a different local area as the case may be. A copy of such order shall be served on the dealer.
(In the above Para the words “or changed to a different local area” are deleted by Notification No. STR-1506/CR-38/Taxation-1 Dt.08.09.2006)
(For the above sub-rule (4) in rule 11 the following sub-rule (4) is substituted as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(4) Where the registration of a dealer is to be cancelled under first or second proviso to sub-section(6) of section 16, the Commissioner shall after giving the dealer a reasonable opportunity of being heard, cancel the registration by an order in writing with effect from the date,-
(a) where the registration is to be cancelled under the first proviso, the Commissioner may fix the date on which the business has been discontinued or transferred or disposed off, as the case may be, and
(b) where the registration is to be cancelled under the second proviso, the date on the certificate of registration issued.
(5) If the registration of a dealer is cancelled either on his application or under the first proviso to sub-section (6) of section 16, the dealer shall surrender the certificate of registration and the copies thereof, if any, granted to him to the registering authority within fifteen days from the date of receipt by him of the order cancelling the registration.
(From the above para the word, “the first proviso to” is deleted and amended sub-rule (5) is as under, as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31 October 2007)
(5) If the registration of a dealer is cancelled either on his application or under sub-section (6) of section 16, the dealer shall surrender the certificate of registration and the copies thereof, if any, granted to him to the registering authority within fifteen days from the date of receipt by him of the order cancelling the registration.
(6) The notice for the purposes of the second proviso to sub-section (6) of section 16 shall be in Form 109.
( The above sub-rule (6) is added as per Notification No. VAT-1507/CR-17/Taxation-1 Dt. 31st October 2007)
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