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REGISTRATION. REGISTRATION. There are three ways of obtaining Registration under GVAT, 2003: Compulsory Registration (u/s. 21) Voluntary Registration (u/s. 22) Deemed Registration (u/s. 23). COMPULSORY REGISTRATION (U/S.21).
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REGISTRATION • There are three ways of obtaining Registration under GVAT, 2003: • Compulsory Registration (u/s. 21) • Voluntary Registration (u/s. 22) • Deemed Registration (u/s. 23)
COMPULSORY REGISTRATION (U/S.21) The Dealer when it crosses the limit of turnover as specified u/s. 3 then he is mandatorily liable to obtain the Registration. No dealer shall, while being liable to pay tax under this Act, carry on business as a dealer unless he holds a valid certificate of registration as provided by this Act. A dealer must apply within 30 days in Form No. 101immediately after he becomes liable to pay tax under the Gujarat VAT Act.
COMPULSORY REGISTRATION (U/S.21) If a person is liable to be registered under the Central Sales Tax Act, 1956, he must first register himself under the Gujarat VAT, in spite of being within the threshold limits of Turnover as specified under GVAT Act,2003. A dealer having one place of business shall make an application to the Registering Authority within whose jurisdiction his place of business is situated. A dealer having more than one place of business shall make an application to the Registering Authority in whose jurisdiction the Head Office or Principal place of business is situated. Failure to obtain registration would attract Penalty of a sum of Rs. 100 per day to a maximum of Rs. 5000/-.
VOLUNTARY REGISTRATION [SECTION 22] Where a dealer having fixed or regular place of business in the state, and who is not required to obtain registration u/s. 21 can apply u/s. 22 for Voluntary Registration. He has to give interest free deposit of Rs. 25,000/- which can be adjusted against tax / interest / penalty payable by the dealer.
DEEMED REGISTRATION [SECTION 23] As provided u/s. 23 of GVAT Act, 2003 the Dealer who is registered under Gujarat Sales Tax Act, 1969 or under Central Sales Tax Act, 1956 as on 01/04/2006 will be deemed to be a Registered Dealer u/s. 21 of GVAT Act, 2003
PROCEDURE FOR REGISTRATION UNDER GVAT ACT, 2003 • The dealer has to apply for registration in Form No. 101 to the registering authority having jurisdiction over his Chief Place of Business along with the Annexures and prescribed documents. • The dealer shall get registration from the date he became liable to pay tax. However, in case of belated application, registration shall be effective from the date he was liable to be registered under GVAT Act, 2003 and not from the date of application and penalty may be levied for late filing of application as well as there would be Assessment of unregistered period separately. • The dealer will get a provisional registration number within 3 working days from the date of application and permanent registration number will be issued with 30 days from the date of application.
PROCEDURE FOR REGISTRATION UNDER GVAT ACT, 2003 • If the registering authority does not issue the permanent registration number within 30 days then it is deemed that provisional number is converted to permanent number. • The Certificate of Registration is issued in Form No.102 under GVAT Act, 2003 and in Form B under CST Act, 1956. • The Dealer can apply for Tatkal Registration also. The procedure will same as above in relation to documentation. However in addition to documentation and security deposits by e-payment as above, Rs. 1000/- by e-payment for each registration as processing fees will also be paid by the dealer. A provisional number will be issued with 5 working days and will be permanent within 30 days from the date of online application.
LIST OF ENCLOSURES The following information are required to be furnished to the registering authority:
FURNISHING OF SECURITY • A dealer shall pay by Challan as Security Deposit to the tune of Rs.10,000/- for each type of Registration. • The said Deposit is to be paid under Local Law and by Local Challan only in Form 207. • The Deposit so paid cannot be adjusted against the payment of Tax due by Dealer and is Refundable after two years by making an application for same.
AMENDMENT TO REGISTRATION CERTIFICATE U/S.26 • Where a registered dealer : • Transfers his business in whole or part by way of sale or otherwise • Discontinues his business or opens a new place of business or close any place or business for a period of more than 30 days • Changes the name, style, constitution or nature of business • Enters into partnership or other association or change in the ownership of business then he shall intimate within 30 days to the Jurisdictional Authority for amendment in Registration Certificate and it will be effective from the date of contingency or in case of belated application from the date of application. • If the dealer fails to comply with the above provisions without any reasonable cause then he may be directed to pay penalty of Rs.100 per day up to maximum of Rs. 5000 after giving an opportunity of being hear d.