Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
Vat Actupdated - RS Goyal & Associates
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27<br />
--1.4.2006 to 24.12 .2007]<br />
(5) The registration certificate granted under sub-section (4) shall take effect from -<br />
(a) in a case where a dealer required to get himself registered under clause (a) or clause<br />
(b) of sub -section (2) has applied for registration within the period prescribed under<br />
clause (a) or specified in clause (b) of the said sub-section, the date on which his<br />
turnover in a year first exceeds the limit prescribed under sub-section (1) of section 5<br />
or the date of transfer of business, as the case may be :<br />
(b) in a case where a dealer required to get himself registered under clause (a) or<br />
clause (b) of sub-section (2) has applied for registration after the expiry of the prescribed<br />
or specified period, as the case may be, the date on which he applies for registration;<br />
(c) where a dealer has applied under clause (c) or a person has applied under clause (d)<br />
of sub-section (2), for registration the date of such application and notwithstanding the<br />
provisions of section 5, such dealer or person as the case may be, shall be liable to pay<br />
tax under this Act, during the period from the said date till his registration certificate<br />
remains in force<br />
(6) Without prejudice to the provisions of sub-section (6) of Section 20 20 when a dealer has<br />
without reasonable cause, failed to get himself registered within the prescribed time as<br />
required by sub-section (1) or clause (a) or clause (b) of sub-section (2) the Commissioner<br />
may, after giving such dealer a reasonable opportunity of being heard, direct him to pay by<br />
way of penalty, in addition to the fee payable, a sum not exceeding rupees five hundred.<br />
(7) Every dealer who at the commencement of this Act holds a registration certificate under<br />
the provisions of the Act repealed by this Act shall, on such commencement, be deemed for<br />
all purposes of this Act to be a dealer registered and holding a registration certificate under<br />
this Section.<br />
(8) If any registered dealer or other dealer who is required to furnish returns under subsection<br />
(1) of Section 18 -<br />
(a) sells or otherwise disposes of his business or any part or place of his business or<br />
effects or comes to know of any other change in the ownership of the business, or<br />
(b) discontinues his business or changes his place of business or opens a new place<br />
of business, or<br />
(c) changes the name or nature of his business,<br />
he or if he dies, his legal representative shall within the prescribed time, inform the<br />
prescribed authority accordingly.<br />
(9) (a) The Commissioner shall -<br />
(i) on an application made by a registered dealer for amendment of his registration<br />
certificate in pursuance of the provisions of sub-section (8) or otherwise, amend the<br />
registration certificate of the dealer or reject the application within 30 days of the date<br />
of receipt of such application, after making such enquiry as he deems fit; and<br />
(ii) on being satisfied that the registration certificate issued to a dealer requires<br />
amendment with regard to certain particulars specified therein, amend the<br />
registration certificate after giving the dealer an opportunity of being heard.<br />
(b) When the registration certificate is amended under sub-clause (i) of clause (a) in<br />
pursuance of any of the events specified in sub-section (8), such amendment shall take<br />
effect from the date such event has taken place and in all other cases falling under the<br />
said sub-clause the amendment shall take effect from the date of application. An<br />
amendment made under sub-clause (ii) of clause (a) shall take effect from the date of<br />
order for making such amendment.