TaxTMI 
TaxTMI 
2022 (5) TMI 469
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....ellate Tribunal, Additional Bench, Kozhikode. 2. The respondent is a dealer registered under the KVAT Act. On 20.2.2014, the assessee through a letter informed that she has intended to close the business with effect from 31.12.2013. Along with the letter, registration certificate was also enclosed. The reason stated for closing of the business was that she has entered into a new partnership firm under the name and style 'Fidha Trading' with the same door number. Acting on the same, the application was allowed and the registration was cancelled with effect from 31.12.2013. 3. The investigation branch of the Commercial Taxes department, Kannur summoned the books of accounts from the assessee for the year 2013-14 and on verification of the s....
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.... credit. Since the assessee has stopped her business from 31.12.2013 and the registration was cancelled with effect from 31.1.2014 till 26.2.2014, the respondent was not having any registration and therefore, not entitled for input tax credit for the purchase made during the transition period. The new partnership firm was registered only with effect from 26.2.2014 and the investigation branch found that though the assessee's registration was cancelled with effect from 31.1.2014, she continued business till 26.2.2014 with an intention to suppress the subsequent purchase and sales. He further contended that the Tribunal went wrong in allowing the appeal of the assessee, which is against Section 11(4) of the KVAT Act. 7. The counsel for the r....
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....ct from 31.12.2013. I am herewith enclosing the registration certificate with you now. I have entered into a new partnership firm under the name and style Fidha Trading at the same door number of my business is starting from 20th February 2014. The stock remaining with me are transferred to the new firm. Hence, I have no stock with me." 9. Going by Rule 19 of KVAT Rules, her application was filed on 20.2.2014, the Registering authority after cancelling the registration ought to have issued the dealer a notice in Form No.5 B and publish the details in at least two dailies in the State and also in the website of the Commercial Tax Department. Cancellation will be effective only from the date on which the copy of the order is served or from t....