DEMO|

The Jharkhand Value Added Tax Rules, 2006
CHAPTER-II: REGISTRATION

Body 4. Registration of Presumptive Tax and Dealers opting for Composition of Tax: -

(i) If a registered dealer intends to exercise his option to pay tax in accordance with the provisions of Section 22 of the Act, he shall make an Application in Form JVAT 119 to the Registering Authority, within thirty days from the date of his becoming liable for payment of tax under the Act.

(ii) Where the Registering Authority is satisfied, if necessary, after making an enquiry, that an application in Form JVAT 119 is complete and correct and the dealer is genuine, he shall issue to the dealer a certificate of registration under the Act in JVAT 108 and grant him a registration number which shall bear the Taxpayers' Identification Number or TIN as given in JVAT 106.

(iii) (a) If a dealer liable to pay tax under the Act, intends to exercise his option to pay tax in accordance with the provisions of sub-section (1) of Section 58, he shall at the time of registration only, make an application to the Registering Authority in whose area the dealer is located in Form JCRF within thirty days from the date of becoming liable for payment of tax under the Act.

(b) Such an application shall be presented by the dealer in the manner laid down in sub- rule (vi) (a) and (vi) (b) of Rule 3 of the Rules.

(c)Where the Registering Authority is satisfied that the information furnished to him in application in Form JCRF is complete, true and correct, and fulfills conditions laid down in sub-section (1) of Section 58, he shall, issue a Certificate in Form JVAT 106 and JVAT 108 simultaneously within seven days from the date of receipt of the application to the applicant dealer for making payment at compounded rate. While granting the permission, his turnover of sales in the preceding year shall be considered for making a registered dealer eligible to make payment under sub-section (1) of Section 58.

The Registering Authority thereafter may conduct an enquiry within thirty days from the date of issue of such registration certificate, and if upon enquiry anything otherwise than the application in Form JCRF along with the annexure and security furnished thereof are found, the registering authority, subject to sub-rule (vii) of Rule 3, may revoke or cancel such Registration Certificate.

Explanation– The registration certificate issued to such registered dealer(s), shall remain valid so long they fulfill the conditions as laid down in sub-rule (3), (4) and (5) of Rule 60 and also subject to sub-rule (v) of Rule 3.

(iv) (a) If a dealer already registered under the Act intends to exercise his option to pay tax in accordance with the provisions of sub-section (1) of Section 58, he shall make an application to the Registering Authority in Form JVAT 119 for permission to do so within sixty days from the beginning of the year in respect of which the option is exercised.

(b) If the concerned Registering Authority, after making such enquiry or scrutiny as such authority may deem it necessary, is satisfied that the application is in order and fulfills conditions laid down in sub-section (1) of Section 58, he shall, issue a Certificate in Form JVAT 108 within seven days from the date of receipt of the application to the applicant dealer for making payment at compounded rate. The applicant dealer shall be informed even if his application is rejected. While granting the permission, his turnover of sales in the preceding year shall be considered for making a registered dealer eligible to make payment under sub-section (1) of Section 58.

(v) Such Dealers, who have been granted registration under this rule as registered retailers to pay Presumptive Tax or Composition Scheme Tax, shall not be authorized to issue "Tax Invoice" under Section 60(2)(a) of the Act.

(vi) Notwithstanding anything contained in this Rule the provisions of Rule 3A shall mutatis mutandis apply.