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SALES TAX

(Querist) 04 September 2009 This query is : Resolved 
ONE OF MY CLIENT WHO IS REGISTERED WITH UP TRADE TAX ( SALES TAX ) HE HAS NOT BEEN FILING HIS VAT RETURN SINCE 2006 ONWARDS HE DOES NOT HAVE ANY SALE AND PURCASE DURING THE SAID PERIOD.

WHAT SHOULD HE DO NOW HE WANTS TO SURRENDER HIS SALES TAX NO AND WANTS TO GET DONE ASSESSESSEMENT OF THE SAID FINANCIAL YEAR.

SUBHASH SHARMA
ADVOCATE
M-9891338895
A V Vishal (Expert) 04 September 2009
Any VAT dealer, who fails to file a return where no tax is due, by the end of the month in which it was due, shall be liable to pay a penalty .

Procedure for Cancellation of VAT Registration.


1) Where a VAT dealer ceases to carry on business, that dealer or his legal representative shall apply to the authority prescribed for cancellation of registration within fourteen days of the closure of business.


2) Subject to sub-rule (3), a VAT dealer may apply in writing on Form VAT 121 to have his VAT registration cancelled if,-


(a) with respect to the most recent period of three consecutive calendar months, the taxable turnover did not exceed rupees ten lakhs ; and


(b) the taxable turnover for the previous twelve consecutive calendar months did not exceed rupees thirty lakhs.


3) In the case of a VAT dealer making taxable sales, who is registered under clause(a) of sub-section (6) of Section 17, an application under sub-rule (2) shall only be made after the expiration of twenty four months from the date of registration.


4) Every VAT dealer whose registration is cancelled under this rule shall pay back input tax credit availed in respect of all taxable goods on hand on the date of cancellation. In the case of capital goods on hand on which input tax credit has been received, the input tax to be paid back shall be based on the book value of such goods on that date:


Provided that in respect of transfer of a business to another VAT dealer, there shall be no requirement to repay the input tax credit availed on capital goods and other goods.


5) The authority prescribed may cancel the registration of a VAT dealer who has applied for cancellation under sub-rule (1) or sub-rule (2) if it is satisfied that there are valid reasons for such cancellation of registration. The cancellation shall be intimated on Form VAT 124.


6) The authority prescribed may cancel the registration of a VAT dealer who has not applied for cancellation of registration if the authority prescribed is satisfied that the dealer is not entitled for registration under Section 17 or found to be not complying with the provisions of the Act.


7) The authority prescribed shall intimate on Form VAT 123 to a VAT dealer when refusing to cancel the registration of the dealer under this rule within fourteen days of receipt of Form VAT 121.


8) The authority prescribed shall issue a notice on Form VAT 125 to a VAT dealer before compulsorily cancelling the registration.


9) The authority prescribed may cancel the registration of a VAT dealer registered under sub-section (6) of Section 17 where the VAT dealer—


(a) has no fixed place of abode or business; or


(b) has not kept proper accounting records relating to any business activity carried on by him; or


(c) has not submitted correct and complete tax returns;


10) The cancellation of registration shall take effect from the end of the tax period in which the registration is cancelled unless the authority prescribed orders the cancellation to take effect at an earlier date.


11) The cancellation of a registration of any VAT dealer shall not affect any liabilities under the Act or any requirement to comply with any provisions of the Act until the date of cancellation of registration.


12) Wherever any order of cancellation or refusal to cancel is made, the VAT dealer shall be given an opportunity of being heard.


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