Ptec cancellation_maharashtra
Dipen
(Querist) 28 April 2020
This query is : Resolved
Hi,
I want to cancel PTEC of proprietor(1st case) as well as partners of LLP(2nd case). What is the procedure to do the same. I can see online cancellation of PTRC after I login into mahagst website. However PTEC of partners or proprietors is not available online.
Pls advice on the procedure of the same.
Regards,
Raj Kumar Makkad
(Expert) 28 April 2020
PTEC stands for Professional Tax Enrollment Certificate and PTRC is Professional Tax Registration Certificate. PTEC permits to pay the professional tax of the business entity (Private Ltd, Public Ltd, OPC, etc) and also of the owner or professional (sole proprietor, partner, director, etc).
it is an individual liability and responsibility of a partner to obtain PTE and pay the PT accordingly. Whenever any new partner is inducted, he is liable to obtain PTE in his name if he is not having it. Likewise, outgoing partner is liable to apply for cancellation of PTE in his name if he has no income from any business. In this context, same rule is applicable to proprietor and directors, if PTE is applicable to them in your state. The term Induction of new partner and outgoing partner, please do not take in real sense. There is no induction of new partner or outgoing of partner in partnership firm. There is a formation and dissolution of partnership.
Hemant Agarwal
(Expert) 28 April 2020
1. For your requirements, you may prefer to consult a GST Consultant /Expert or visit the FAQ on GST website.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Dr J C Vashista
(Expert) 29 April 2020
Post the query in Chartered Accountants / Tax club.
Rajendra K Goyal
(Expert) 29 April 2020
Download Form 103, fill and proceed. Procedure as per Govt. Site is as follow:
6. Cancellation of certificate of registration.
(1) An application for cancellation of registration under sub-section (6) of section 7 shall be made to the registering authority in Form III.
(2) If the registering authority is satisfied that the application is in order and falls within the provision of sub-section (6) of section 7, it shall by order in writing, after giving the dealer a reasonable opportunity of being heard cancel the registration with effect from a date fixed in accordance worth sub-rule (3) and shall, by a notice placed on the notice board of its office, publish the name, address and registration number of the dealer and the date from which the cancellation takes effect. A copy of such order shall he served on the dealer.
(3) Where a registration is to be cancelled, -
(a) on the ground of discontinuance, transfer or otherwise disposal of the dealer's activity of transferring the right to use any goods, the date of cancellation of registration shall be the date on which the activity has been discontinued or transferred or otherwise disposed of;
(b) on the ground that the turnover of sales of the registered dealer has during any year not exceeded the limit of rupees fifty thousand, the date of cancellation of registration shall not be later than the first day of the month next following the day on which the notice is published under sub-rule (2).
(4) Where a registration of the dealer is to be cancelled under sub-section (7) of section 7, 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 activity of transferring the right to use any goods has been discontinued or transferred or disposed of, as the case may be, and the Commissioner shall by a notice placed on the notice board of his office, publish the name, address and registration number of the dealer and the date from which the cancellation takes effect. A copy of the cancellation order shall be served on the dealer.
(5) If the registration of a dealer is cancelled either on his application or under-section (7) of section 7, 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.
Visit for details:
https://mahagst.gov.in/en/cancellation-certificate-registration-4
Rajendra K Goyal
(Expert) 29 April 2020
May adopt following procedure (taken from CA club India)
https://www.caclubindia.com/forum/ptec-cancellation-463431.asp
Professional tax is levied by state govt. You should mention state name in your querry. In Maharashtra, following procedure followed; Cancellation of Professional Tax Certificate 1) Make the cancellation Application
2) Take the print out of Acknowledgement
3) Submit the following document in department
a) Application of cancellation with affix of 5 Rs. court fees stamp
b) Original Professional tax Certificate
c) Original Challan Copy
d) Letter of Authority in favors of person. attending department
e) Closure proof (bank statement, Previous year financial, Salary Register etc)
4) After submitting all the documents department will cancel the certificate in 30 days, you can check the status online.
