When will the department do Cancellation of registration Section 22 of DVAT Act 2004
Rules: 16, 17 Forms: 09 to 11
(a) a registered dealer who is required to furnish security under the provisions of this Act has failed to furnish or maintain such security;
(b) a registered dealer has ceased to carry on any activity which would entitle him to be registered as a dealer under this Act;
(c) an incorporated body is closed down or otherwise ceases to exist;
(d) the owner of a proprietorship business dies leaving no successor to carry on the business;
(e) in the case of a firm or association of persons, it is dissolved;
(f) registered dealer has ceased to be liable to pay tax under this Act;
(g) a registered dealer knowingly furnishes a return which is misleading or deceptive in a material particular;
(h) a registered dealer has committed one or more offences or contravened the provisions of this Act and the offence or contravention is, in the opinion of the Commissioner, of such magnitude that it is necessary to do so; or
(i) the Commissioner, after conducting proper inquiries, is of the view that it is necessary to do so; the Commissioner may, after service of a notice in the prescribed form and after providing the dealer an opportunity of being heard, cancel the registration of the dealer with effect from the date specified by him in the notice.
(a) a registered dealer has ceased to carry on any activity which would entitle him to be registered as a dealer under this Act;
(b) an incorporated body is closed down or otherwise ceases to exist;
(c) the owner of a proprietorship business dies leaving no successor to carry on business;
(d) in the case of a firm or association of persons, it is dissolved; or
(e) a registered dealer has ceased to be liable to pay tax
under this Act;
the registered dealer or the dealer's legal representative in case of clause
(c) above, shall apply for cancellation of his registration to the Commissioner in the manner and within the time prescribed.
Explanation.- For the purpose of this sub-section "legal
has the meaning assigned to it in clause (11) of section 2 of the code of Civil Procedure, 1908 (5 of 1908).
(3) On receipt of such application, if the Commissioner is satisfied that the dealer has ceased to be entitled to be registered, he may cancel the registration. (4) If a registered dealer ceases to be registered, the Commissioner shall cancel the dealer's registration with effect from a specified date.
(5) If a dealer's registration which has been cancelled under this section is reinstated as a result of an appeal or other proceeding under this Act, the registration of the dealer shall be restored and he shall be liable to pay tax as if his registration had never been cancelled.
(6) If any registered dealer whose registration has been restored under subsection
(5) of this Act satisfies the Commissioner that excess tax has been paid by him during the period his registration was inoperative which but for the cancellation of his registration he would not have paid, then the amount of such tax shall be adjusted or refunded in such manner as may be prescribed.
(7) Every registered dealer who applies for cancellation of his registration shall surrender with his application the certificate of registration granted to him and every registered dealer whose registration is cancelled otherwise than on the basis of his application shall surrender the certificate of registration within seven days of the date of communication to him of the cancellation.
(8) The Commissioner shall, at intervals not exceeding three months, host on the departmental website, such particulars as may be prescribed, of registered dealers whose registration has been cancelled.
(9) The cancellation of registration shall not affect the liability of any person to pay tax due for any period and unpaid as on the date of such cancellation or which is assessed thereafter notwithstanding that he is not otherwise liable to pay tax under this Act.
DELHI VALUE ADDED TAX ACT 2004
Section 21 : Amendment of registration
Section 22 : Cancellation of registration
Section 23 : Effect of de-registration
Section 24 : Registration during transition
Section 25 : Security from certain classes of dealers and other persons
Section 26 : Periodical payment of tax and furnishing of returns
Section 27 : Power to require other returns
Section 28 : Correction of deficiencies
Section 30 : Assessment of tax, interest or penalty
Section 32 : Default assessment of tax payable
Section 33 : Assessment of penalty
Section 34 : Limitation on assessment and re-assessment
Section 35 : Collection of assessed tax and penalties
Section 36 : Manner of payment of tax, penalties and interest
Section 36A : Tax deducted at source
Section 37 : Order of application of payments
Section 39 : Power to withhold refund in certain cases
Section 40 : Collection of tax only by registered dealers
Section 40A : Agreement to defeat the intention and application of this Act to be void