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SURRENDER

pallavi (article) (187 Points)

17 March 2011

WHAT IS THE PROCEDURE FOR SURRENDING TIN NUMBER...

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15 Replies

DAYANANDA K N (ACCOUNTS EXCECUTIVE) (575 Points)
Replied 17 March 2011

Under which state your asking?

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DAYANANDA K N (ACCOUNTS EXCECUTIVE) (575 Points)
Replied 17 March 2011

Under Karnatka value added tax following is the procedure (Also read Sec 28 Karnatka Vat Act)

Cancellation of registration

13.(1) Every registered dealer, otherthan a dealer falling under sub-section (7), (8) or (9) of Section 22, may submit a written request, together with a final return in Form VAT 115, to the Registering Authority to cancel his registration where in the previous twelve consecutive months his total or taxable turnover did not exceed the threshold as specified under Section 22, and such request shall be made within twenty days after the end of such period.
(2) Every registered dealer who either sells or discontinues his business shall submit a written request, together with a final return in Form VAT 115, to the Registering Authority to cancel his registration, and such request shall be made within fifteen days after such event.
14. Any dealer who was voluntarily registered may submit a written request to cancel his registration only after two years have passed from the effective date of the registration, and such request together with a final return in Form VAT 115, shall be made within twenty days after the end of such period.

pallavi (article) (187 Points)
Replied 18 March 2011

I M ASKING UNDER DELHI..

DAYANANDA K N (ACCOUNTS EXCECUTIVE) (575 Points)
Replied 18 March 2011

Cancelation of Registration under delhi vat Act (Sec 22)

Where

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 dealers 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 representative has the meaning assigned to it in clause (11) of section 2 of the code of Civil Procedure, 1908 (5 of 1908).

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.

If a registered dealer ceases to be registered, the Commissioner shall cancel the dealers registration with effect from a specified date.

If a dealers 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.

If any registered dealer whose registration has been restored under sub-section (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.

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.

The Commissioner shall, at intervals not exceeding three months, publish in the official Gazette such particulars as may be prescribed, of registered dealers whose registration has been cancelled.

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.

DAYANANDA K N (ACCOUNTS EXCECUTIVE) (575 Points)
Replied 18 March 2011

Application for cancelation is attached

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Abhishek Baheti (Practising CA) (30 Points)
Replied 21 May 2012

can u tell me what is the procedure to surrender vat tin under maharashtra state???????

RAHUL SINGH (STUDENT) (56 Points)
Replied 22 July 2014

The cancellation of registration could be on any of the following grounds:

A) Closure of the business[MVAT sec. 16(6)(a)].

B) Non commencement of business[MVAT sec.16 (6)second Proviso]. The
registration of a person, who has obtained voluntary registration but has
not commenced business within 6 months from the date of registration may
be cancelled after granting hearing to the person.

C) Turnover falling below the turnover limits,prescribed for registration under
MVAT[MVAT sec. 16(6)(b)].

D) Transfer of business, due to death of the dealer[MVAT sec. 16(6)(a)].

E) Other transfer of business.[MVAT sec. 16(6)(a)].

F) Change in constitution from partnership to proprietary.[MVAT sec.
16(6)(a)].

G) Change in constitution from proprietary to partnership.[MVAT sec.
16(6)(a)].

H) Amalgamation of two or more companies[MVAT sec. 47(2)].
The application for the cancellation of MVAT RC shall be made in Form
103[MVAT rule 11] to the registration officer, under whose jurisdiction, the
principal POB of the dealer is situate

Procedure in Mumbai

a) The application shall be accepted centrally at the counter by the counter
clerk/Tax Assistants. The application should be normally be accompanied
by the registration certificates in original. But the application should not be
refused merely on the grounds that the RCs have not been enclosed.

b) In case,the application for cancellation is on the grounds of change in
constitution or transfer of business, the said application shall not be filed
at the counter but shall be accepted by the registration officer,who is
processing the re-registration application in the case.

c) An acknowledgment shall be issued to the dealer/representative as per the
specimen. This acknowledgment shall denote the designation of the
registration officer, to whom the application is alloted.

d) The counter clerk/Tax Assistants shall enter the applications received
during the day in the Cancellation Applications Distribution Register.

e) The applications shall be distributed on day to day basis equally amongst
all the registration officers on a rotation basis.

f) The registration clerk/Tax Assistants shall acknowledge the application
in the distribution register.

g) The registration clerk/Tax Assistants shall enter the application in the
TIN Cancellation Applications Monitor, to be maintained as per
annexure.

h) All such applications so received shall be submitted before the Registration
officer along with the TIN Cancellation Applications Register
(REG.REGR.3).

i) The registration officer shall distribute these applications equally amongst
the subordinate STIs.

j) The STI shall also scrutinize the documents produced by the dealer and
submit his recommendations to the STO with his remarks in Mahavikas
and also in the cancellation file.

k) The STO shall consider the report of the STI and either approve ,reject in
Mahavikas or make a back query to the dealer.

l) In case the documents are not sufficient or in case of any other deficiency,
the clerk/Tax Assistants,as per the STOs directions on file, shall issue a
letter to the dealer as per the specimen-.

m)In case the cancellation is approved, the order(specimen available in
Mahavikas) shall be generated in Mahavikas and issued to the dealer.

n) A copy of the order shall be dispatched at the POB address or the
communication address, as the case may be.

o) In case, the dealer had not filed registration certificate, at the time of filing
the application, he should be asked to surrender the original certificates
within 15 days [MVAT rule 11(5)] from the date of the receipt of the
order by him.

p) The Registration Certificates shall be defaced by the registration
clerk/Tax Assistants and the remark, “RC cancelled wef .......” shall be
recorded across the certificate.

q) The registration officer shall sign below the remarks on the defaced
certificate.

r) Necessary closure entries shall be taken in the cancellation register

s) The dealer's application, cancelled TIN certificate and enclosed
documents, if any shall be forwarded to the officer in charge of the RC
record for filing purpose. Such documents shall be sent through the office
of the respective Joint Commissioner of Sales Tax(Adm). The applications/
documents shall be sorted in the JC(Adm) office and alloted to the
respective assessing officers, with whom the RC record lies. Such
applications and documents being very important, care shall be taken that
all such applications and documents ultimately end up in the RC record.

https://www.aadisol.in/aca/sa/forms/494.pdf

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