Chapter IV Chapter IV

1. (1) No dealer shall, while being liable to pay tax under section 3 or under sub-section (6) of section 19, be engaged in business as a dealer, unless he possesses a valid certificate of registration as provided by this Act: Provided that, the provisions of this sub-section shall not be deemed to have been contravened, if the dealer having applied for such registration as in this section provided, within the prescribed time or, as the case may be, within the period specified in sub -section (6) of section 19, while he is engaged in such business.
2. (2) Every dealer, required by sub-section (1) to possess a certificate of registration, shall apply in the prescribed manner, to the Commissioner.
3. (3) A person or a dealer who intends to be engaged in business 50[of dealing in goods],

51[shall] apply in the prescribed manner under this sub-section for the grant of certificate of registration to the Commissioner and if the certificate is granted, then so long as it is not duly cancelled, the person or dealer shall remain liable to pay tax.

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53[(4) Certificate of registration shall not be granted to a dealer unless,—

1. (a) he has declared his Permanent Account Number, mobile number, email address in the application for registration and validated the same in the manner as may be prescribed; and
2. (b) he has deposited in the Government treasury prescribed fee in the prescribed manner and within the prescribed time.]

1. (5) The Commissioner may conduct such inquiry as he deems fit and may call for such evidence and information as he may deem necessary and after the inquiry, if any, and

after considering the evidence and information, if any, he is satisfied that the application for registration made under this section is in order, he shall register the applicant and issue to him a certificate of registration in the prescribed form: Provided that if the Commissioner is satisfied that the particulars contained in the application are not correct or complete or that any evidence or information prescribed for registering the applicant is not furnished, the Commissioner may, after giving the applicant a reasonable opportunity of being heard, reject the application for reasons to be recorded in writing.

1. (6) The Commissioner may, after considering any information furnished under any

provisions of this Act or otherwise received, amend from time to time, any certificate of registration.

1. (7) If a person or a dealer upon an application made by him has been registered under this section and thereafter it is found that he ought not to have been so registered under the provisions of this section, he shall be liable to pay tax during the period from the date

on which his registration certificate took effect until it is cancelled, notwithstanding that he may not be liable to pay tax under this Act.

54[(8) Where, any business, in respect of which a certificate of registration has been issued under this section, has been discontinued, or has been transferred or otherwise disposed of the dealer shall apply in the prescribed manner and within the prescribed time for cancellation of his registration to the Commissioner and thereupon the Commissioner may, after such inquiry as he deems fit and subject to the rules framed, cancel the registration with effect from such date including any date earlier to the date of the order of cancellation as he considers fit having regard to the circumstances of the case.]

55[(9) Any person intending to organize or conduct exhibition or any event or programme either for sale of goods or for promoting goods for sale, by providing stalls or space to other persons or dealers under the banner of specific name or otherwise or under a common roof or otherwise, shall obtain a registration under this Act and shall apply in the prescribed manner, to the Commissioner requesting permission, indicating therein the details of the persons and/or dealers participating in, and the period of such exhibition alongwith payment of estimated tax in advance. The Commissioner may issue such permission in such form and subject to such conditions as may be prescribed. The dealer to whom the permission is issued shall exhibit the same at a conspicuous place where the exhibition or event or programme is conducted. The provisions of sub-sections (4), (5), (6), (7), (8), (10), (11), (12), (13), (14) and (15) of this section shall, mutatis mutandis, apply to this sub-section.]

56[(10) Any registration granted under the provisions of this Act shall remain valid until it is cancelled: Provided that, before passing the order of cancellation, the dealer shall be given a reasonable opportunity of being heard.];

57[(10A) Notwithstanding anything contained in any Order, judgement or decision of any Authority, Administrative Tribunal or Court, any dealer who has failed to renew the registration after the expiry of validity of registration from the 1st day of April, 2017, shall be deemed to have valid registration for all the purposes under this Act: Provided that no refund or adjustment of any sum of amount already paid towards renewal fee, tax, penalty or late fee due to non-renewal of registration shall be made.]

1. (11) If a dealer,—
   • (a) fails to file three consecutive returns under this Act;
   • (b) fails to pay the dues demanded in assessment/reassessment or otherwise within the period specified except where such demand has been stayed by the appellate authority or tribunal or any other court;
   • (c) fails to pay the tax due from him for three consecutive tax periods under the provisions of this Act;
   • (d) having issued tax invoice or retail invoices, fails to account for the said invoices in his books of account;
   • (e) holds or accepts or furnishes or causes to be furnished a declaration, which he knows or has reason to believe to be false;
   • (f) has been convicted of an offence under this Act, or under the earlier law;
   • (g) discontinues his business without complying with the provisions contained in sub- section (8) of section 18 of the Act;
   • (h) without entering into a transaction of sale, issues to another dealer tax invoice, retail invoice, bill or cash memorandum, with intention to defraud the Government of revenue;
     • (i) is found evading tax on account of variation in physical stock compared with his regular books of accounts; then the Commissioner may, at any time after giving the dealer an opportunity of being heard and for the reasons to be recorded in writing, 58[by order cancel his certificate of registration from such date as may be specified by him in such order and the dealer shall not be entitled to any benefits available to a registered dealer under this Act from date specified in such order]
2. (12) (a) If a dealer,—
   • (i) fails to inform changes in business as required by sub-section (1) of section 22;
   • (ii) fails to file declaration and/or furnish the documents as required by section 23;
   • (iii) fails to furnish return as required by section 24;
   • (iv) fails to pay tax as required by section 25;
   • (v) fails to produce the books of accounts as required by the Commissioner under sub- section (1) of section 73; then the Commissioner may, at any time, after giving the dealer an opportunity of being heard and for the reasons to be recorded in writing, by order suspend his certificate of registration from date not earlier than the date of such order, as may be specified by him in such order.
   • (b) Where a dealer, whose certificate of registration is suspended for the failure of any of the requirements specified in clause (a), fulfils the requirements, the Commissioner shall, by an order in writing, withdraw the suspension order from such date as may be specified therein.
   • (c) The dealer whose certificate of registration is suspended under clause (a) shall not be entitled to claim input tax credit during the period of suspension of registration.
3. (13) Every person whose registration is cancelled under sub-section (11) shall pay in

respect of every taxable goods held as stock on the date of cancellation an amount equal to the tax that would be payable in respect of the goods if the goods were sold at fair market price on that date or the total tax credit previously claimed in respect of such goods, whichever is higher.

1. (14) If an order of suspension or cancellation passed under this section is set aside in

an appeal or other proceedings under this Act, the certificate of registration of the dealer shall stand restored with effect from the date of such suspension or cancellation, as the case may be.

1. (15) Suspension or cancellation of a certificate of registration shall not affect the liability of any dealer to pay tax, penalty or interest due for any period till the date of such suspension or cancellation and which has remained unpaid or is assessed thereafter.
2. (16) The Commissioner shall notify in Official Gazette the details of dealers whose certificate of registration has been suspended or cancelled under the provisions of this Act.]

1. (1) Where a dealer, liable to pay tax under this Act, dies, then,—
   • (a) if the business carried on by the dealer is continued after his death by his legal representative or any other person, such legal representative or other person shall be liable to pay the tax including any penalty, sum forfeited and interest due from such dealer under this Act or under any earlier law, in the like manner and to the same extent as the deceased dealer; and
   • (b) if the business carried on by the dealer is discontinued whether before or after his death, his legal representative shall be liable to pay out of the estate of the deceased, in the like manner and to the same extent as the deceased dealer would have

been liable to pay if he had not died, the tax including any penalty, sum forfeited and interest due from such dealer under this Act, or under any earlier law, whether such tax including any penalty, sum forfeited and interest has been assessed before his death but has remained unpaid, or is assessed after his death.

1. (2) Where a dealer, liable to pay tax under this Act, is a Hindu undivided family and the joint family property is partitioned amongst the various members or group of members, then each member or group of members shall be jointly and severally liable to pay the tax including any penalty, sum forfeited and interest due from the dealer under this Act or under any earlier law, upto the time of the partition, whether such tax including any penalty, sum forfeited, and interest has been assessed before partition but has remained unpaid, or is assessed after partition.
2. (3) Where a dealer, liable to pay tax under this Act, is a firm, and the firm is dissolved, then, every person who was a partner shall be jointly and severally liable to pay to the extent to which he is liable under this section, the tax including any penalty, sum

forfeited and interest due from the firm under this Act or under any earlier law, upto the time of dissolution, whether such tax including any penalty, sum forfeited and interest has been assessed before such dissolution but has remained unpaid, or is assessed after dissolution.

1. (4) Where a dealer, liable to pay tax under this Act, transfers or otherwise disposes of his business in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in the business or part thereof by any other person, the dealer and the person succeeding shall jointly and severally be liable to pay the tax including any penalty, sum forfeited and interest due from the dealer under this Act or under any earlier law, upto the time of such transfer, disposal or change, whether such tax

including any penalty, sum forfeited and interest has been assessed before such transfer, disposal or change but has remained unpaid, or is assessed thereafter.

1. (5) Where the dealer, liable to pay tax under this Act,—
   • (a) is the guardian of a ward on whose behalf the business is carried on by the guardian; or
   • (b) are trustees who carry on the business under a trust for a beneficiary, then, if the guardianship or trust is terminated, the ward or, as the case may be, the beneficiary shall be liable to pay the tax including any penalty, sum forfeited and interest due from the dealer upto the time of termination of the guardianship or trust, whether such tax including any penalty, sum forfeited and interest has been assessed before the termination of the guardianship or trust, but has remained unpaid, or is assessed thereafter.
2. (6) Where a dealer, liable to pay tax under this Act, is succeeded in the business by any person in the manner described in clause (a) of sub-section (1) or in sub-section (4), then, such person shall, notwithstanding anything contained in section 3, be liable to pay tax on the sales of goods made by him on and after the date of such succession, and shall (unless he already holds a certificate of registration) within sixty days thereof apply for registration.

Notwithstanding anything contained in the Indian Partnership Act, 1932 (Central Act 9 of 1932), or any contract to the contrary, where any firm is liable to pay tax under this Act, the firm and each of the partners of the Firm shall be jointly and severally liable for such payment and accordingly any notice or order under this Act may be served on any person who was a partner during the relevant time, whether or not the firm has been dissolved and all the provisions of this Act shall apply accordingly: Provided that, where any such partner retires from the firm, he shall be liable to pay the tax, penalty, sum forfeited and interest remaining unpaid at the time of his retirement and any such amount due upto the date of retirement though un-assessed at that date.

1. (1) When two or more companies are to be amalgamated by the order of a Court or of the Central Government and the order is to take effect from a date earlier to the date of the order and any two or more of such companies have sold or purchased any goods to or from each other in the period commencing on the date from which the order is to take effect and ending on the date of

the order, then such transactions of sale and purchase will be included in the turnover of sales or of purchases of the respective companies and will be assessed to tax accordingly.

1. (2) Notwithstanding anything contained in the said order, for all of the purposes of this Act, the said two or more companies will be treated as distinct companies and will be treated as such for all periods upto the date of the said order and the registration certificates of the said companies will be cancelled, where necessary, with effect from the date of the said order.
2. (3) Words and expressions used in this section, but not defined, shall have the respective meanings assigned to them in the Companies Act, 1956 (Central Act 1 of 1956).

1. (1) If any person or dealer liable to pay tax under this Act—
   • (a) transfers whether by way of sale or not or otherwise disposes of his business or any part thereof, or effects or knows of any other change in the ownership of the business; or
   • (b) discontinues his business, or changes the place thereof or opens a new place of business; or
   • (c) changes the name or nature of his business; or
   • (d) enters into a partnership or other association in regard to his business; or
   • (e) effects any change regarding the opening or closing of the declared Bank accounts of his business; or
   • (f) applies for, or has an application made against him for, insolvency, liquidation, he shall, within the prescribed time, inform the prescribed authority accordingly.
2. (2) Where any dealer liable to pay tax under this Act—
   • (a) dies, his executor, administrator or other legal representative; or
   • (b) where he is firm, a Hindu undivided family or an association of persons and there is a change in the constitution of such firm, Hindu undivided family or association, either by way of dissolution or disruption, or otherwise, then, every person who was a partner, karta or a member of such firm, a Hindu undivided family or association; or
   • (c) transfers or otherwise disposes of his business in the circumstances mentioned in sub-section (4) of section 19, then every person to whom the business is so transferred,

Dealer to declare the name of Manager of Business and Permanent Account Number.— (1) Every dealer, who is liable to pay tax, and who is a Hindu undivided family, or an association of persons, club or society or firm or company, or who is engaged in business as the guardian or trustee or otherwise on behalf of another person, shall, within the period prescribed send to the authority prescribed, a declaration in the manner prescribed stating the name of the person or persons who shall be deemed to be the manager or managers of such dealer’s business for the purposes of this Act. Such declaration may be revised from time to time.

59[(2) Every dealer registered under this Act shall furnish the Permanent Account Number (PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of

1961) within such period and to such authority, as may be notified by the Commissioner in the Official Gazette, for the purpose of incorporating it in the registration records.]

60[(3) Every person or dealer liable to pay tax under this Act and who applies for registration under sub-section (1), sub-section (3) or sub-section (9) of section 18 shall furnish a self-attested photocopy of the card containing his Permanent Account Number

1. (PAN) obtained by him under the Income Tax Act, 1961 (Central Act 43 of 1961) alongwith the application for registration.]