Amendment status not verified — confirm the current text below against the official source.
(1) Where-- (a) a registered dealer, who is required to furnish security under the provisions of this Regulation, has failed to furnish or maintain such security; or (b) a registered dealer has ceased to carry on any activity or business which would entitle him to he registered as a dealer under this Regulation; or (c) an incorporated body has been wound up or otherwise ceases to exist; or ( 4 the owner of a proprietorship business dies leaving no successor to carry on the business; or (e) in the case of a firm or association ofpersons, it is dissolved; or Amendment of registration. Cancellatian of catiticate of regirtralion SERIES - I No. : 05 DATED lgTH AUGUST, 2005. ~ ~. .~ ~ ~ ~ V) registered dealer has k e d to be liable to pay tax under this Regulation; or (g) a registered dealer knowingly furnishes a return which is misleading or deceptive in a material particular; or (h) a registered dealer has committed one or more offences or contravened the provisions of this Regulation; or (i) the Commissioner, after conducting proper inquiries, is ofthe view that it is necessary to do so, the Commissionet may, after service of a notice in the prescribed fonn and after giving the dealer an opportunity ofheing t1eard;cancel the^ certificate of registration of the dealer with effect from the date, as may be, specified by him in the notice. (2) Where- (a) a registered dealer has ceased to carry on any activity which would entitle him to be registered as a dealer under this Regulation; or (b) an incorporated body has been wound up or otherwise ceases to exist; or (c) the owner of a proprietorship business dies leaving no successor to carry on business; or (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 Regulation, the.registered dealer or the dealer's'legal representative in case of clause (c) above, shall make an application for cancellation of his certificate of registration to the Commissioner in the manner and within the time as may be prescribed. .&planallon,'-For the purpose of this sub-section, "legal representative" has the same meaning as assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. 5 of 1908. (3) 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 certificate of registration. (4) If a registered dealer ceases to be registered, the Commissioner shall cancel the oaiificate of registration of the dealer.. (5) lfcertifieateofregis&tion ofadealer, which has been cancelled under this section, has been restored as a result of an appeal or other proceeding under this Regulation, the certificate of registration of such dealer shall be restored and he sl~all be liable to pay tax as if his registrationhad never been cancelled. . . (6) If any registered aealer, whose certificate of registration has been restored under sub-section (J), satisfies the Commissioner that an excess tax has been paid by him during the period of his certificateofregistration was not in force which, but for the cancellation of his certificate of registration, he would not have paid; then the amount of such tax shall be adjusted or refvnded in such manner, as may be prescribed. (7) Evejregistered dealer, who applies for cancellation of his oertificateofr~gistration, shall surrender with his application the certificate of registration granted to him and every. registered dealer whose certificate of registration is cancelled otherwise than dn the basis of his application shall surrender the certificate of registration within seven days of the date of communication to him of the cancellation. (8) The Commissioner shall, at intervals not exceeding three months, publish in the Ofticial Gazette, such particulars as maybe prescribed, of registered dealers whose certificate of registration has been cancelled. (9) The cancellation of certificate of regisbation 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 Regulation. SERIES - I No. : 05 DATED laTH AUGUST, 2005.