Excise registration

This query is : Resolved

saheb (Querist)
Follow

18 May 2017 Dear Expert,

I seek your help in excise registration in kolkata.A Few months back We had applied for excise registration in Kolkata . After Physical verification the officer has sent one notice to us and to lanlord of Place of business with whom we have made Rent Agreement . In this notice officer is asking from landlord to produce a document which will prove that owenership of place of business is with him. We have produced him an electricity bill which he is not accepting as proof of owenership of landlord.
Landlord is not also supporting in providing a document.

Kindly advise us in this matter asap because officer is going to revoke the registration on Wednesday next week .

Your guidance will be highly appreciated.

Regards
Saheb K Maharana

Dipesh

Dipesh (Expert)
Follow

23 May 2017 yes, You have to prove Ownership of the premises.

saheb

saheb (Querist)
Follow

23 May 2017 Sir

Thanks for your expert opinion.
But at present landlord is providing any documents which will prove his ownership .We have rent agreement on 100 rs stamp paper which is notarized by lawyer . We also have trade license from kolkata municipal corporation which also mention ward no under which thi s office address comes. Hence Trade license can be served as evidence as document which in government record prove that this office place is of Mr Landlord.

Kindly suggest

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

21 July 2024 In many cases, a trade license issued by the municipal corporation can indeed serve as evidence of the landlord's ownership or authorization for a business premises. Here’s how it typically works:

1. **Legal Validity**: A trade license issued by the Kolkata Municipal Corporation (KMC) is a legal document that allows a business to operate within its jurisdiction. It indicates that the premises have been inspected and approved by the municipal authority for conducting commercial activities.

2. **Content of Trade License**: The trade license usually includes details such as the name and address of the business, the name of the landlord or property owner, and the specific premises (often including the ward number).

3. **Proof of Ownership**: While a trade license establishes the legality of business operations at a particular address, it does not directly prove ownership of the property. However, it does imply that the municipal corporation has verified and approved the premises for commercial use, which indirectly supports the legitimacy of the landlord’s ownership or authorization for renting out the property.

4. **Documentary Evidence**: In legal or administrative proceedings, a trade license can be submitted as documentary evidence to demonstrate that the business is operating legally from the premises specified in the license. It may be used to satisfy requirements that seek proof of establishment at a particular address.

5. **Additional Documentation**: Alongside the trade license, other documents such as the rent agreement (notarized on a stamp paper) can further support the occupancy and rental arrangement between the tenant and the landlord.

6. **Consultation with Legal Experts**: If there are specific legal or administrative requirements demanding proof of ownership or authorization, it’s advisable to consult with a legal advisor or attorney. They can provide guidance on which documents are most suitable and how to effectively present them to meet the requirements.

In summary, while a trade license from the Kolkata Municipal Corporation is a strong document demonstrating the legality of business operations at a specific address, it indirectly supports the landlord’s authorization for renting the premises. However, for precise legal matters, consulting with a legal professional will provide tailored advice based on the specific requirements and circumstances involved.