failure to reregistration or ownership transfer in sole proprietorship in case of death of proprietor

[Guest]

hello everyone.i have a query.i m from rajasthan and i want to know the penalties and provisions in case of failure to reregistration or ownership transfer in sole proprietorship firm in case of death of proprietor.

my grandfather was the sole proprietor in that firm and he died before one year but we neither reregistered anyone as a nw dealer nor we transfer the ownership in that firm and since his death our regular trading bussiness is going as usual.

so kindly provide me the rules and provision and any penlty in this particular case.

thanks

[DR.MARIAPPAN GOVINDARAJAN]

For what purpose -whether for VAT or service tax or for central excise. Please inform.

[Guest]

it is regarding VAT sir

[YAGAY andSUN]

Please refer Rule 16. under Rajasthan VAT "Amendment and cancellation of registration certificate.-" (1) The authority competent to grant registration or the authorized officer, on receipt of an application in Form VAT-05 submitted electronically through the official website of the department in the manner provided therein within the time provided in sub-section (1) of section 16 by the dealer for amendment in certificate of registration, shall after due enquiry, amend the certificate of registration within thirty days of receipt of such application and where such application is not disposed of within the said period, the same shall be deemed to have been accepted.
(2) Where the dealer wishes to open branch(es), he shall apply in Form VAT-06 submitted electronically through the official website of the department in the manner provided therein for issue of a branch certificate of registration to the authority competent to grant registration or the authorized officer. The authority competent to grant registration or the authorized officer shall issue him an amended certificate of registration in Form VAT-03 in the manner as prescribed in rule 14.
(3) Where the business of a dealer is discontinued permanently, or the business of a dealer is transferred and the transferee already holds the certificate of registration, or the dealer ceases to be required to be registered under the Act, the dealer shall submit an application electronically through the official web-site of the Department in the manner provided therein in Form VAT-06A along with the return up to the date of occurrence of such event as prescribed in section 21 of the Act, within thirty days of the occurrence of such event to his assessing authority or any officer authorised by the Commissioner in this behalf for cancellation of the certificate of registration. The assessing authority or any officer authorised by the Commissioner shall assess the dealer within thirty days of the receipt of such application and shall cancel his certificate of registration.

AI Summary

Registration amendment and cancellation: failure to update dealer registration after proprietor's death can lead to administrative assessment and certificate cancellation. Under Rajasthan VAT Rule 16 the dealer or successor must apply electronically to amend or obtain branch registration (Forms VAT-05, VAT-06) or to cancel registration where business is discontinued or transferred (Form VAT-06A). The authority must, after enquiry, amend or cancel the registration and applications not disposed within the prescribed period are deemed accepted. Cancellation applications must be accompanied by returns up to the date of the event, and the assessing authority or an authorised officer will assess and cancel the certificate.