CHAPTER – IV
REGISTRATION
17. Registration of Dealers
(1) Every dealer other than a casual trader shall be liable to be registered in accordance with the provisions of the Act.
(2) Every dealer commencing business and whose estimated taxable turnover for twelve consecutive months is more than Rs.40,00,000/- (Rupees forty lakhs only) shall be liable to be registered as a VAT dealer before the commencement of business.
(3) Every dealer whose taxable turnover in the preceding three months exceeds Rs.10,00,000/- (Rupees ten lakhs only) or in the twelve preceding months exceeds Rs.40,00,000/- (Rupees forty lakhs only ) shall be liable to be registered as a VAT dealer.
(4) Every dealer whose taxable turnover during the period from 1st January 2004 to 31st December 2004 is more than Rs.40,00,000/- (Rupees forty lakhs only), shall be liable to be registered as a VAT dealer.
(5) Notwithstanding anything contained in sub-sections (2), (3) and (4), the following classes of dealers shall be liable to be registered as VAT dealers irrespective of their taxable turnover namely:-
(a) every dealer importing goods in the course of business from outside the
territory
of
India
;
(b) every dealer registered or liable to be registered under the Central Sales Tax Act 1956, or any dealer making purchases or sales in the course of inter-state trade or commerce or dispatches any goods to a place outside the State otherwise than by way of sale;
(c) every dealer residing outside the State but carrying on business within the State and not having any permanent place of business;
(d) every dealer liable to pay tax on goods listed in Schedule VI;
(e) every commission agent, broker, delcredere agent, auctioneer or any other mercantile agent by whatever name called, who carries on the business of buying, selling, supplying or distributing goods on behalf of any non resident principal;
(f) every dealer availing sales tax deferment or sales tax holiday;
(g) every dealer executing any works contract exceeding Rs.5,00,000/- (Rupees five lakhs only) for the Government or local authority or every dealer opting to pay tax by way of composition on works contract;
(h) *every dealer liable to pay tax under sub-section (9) of section 4 of the Act;
(*inserted by Act No 10 of 2006, dated 4th January 2006 , w.e.f 1-12-2005 .)
(6) (a) Any dealer effecting sale of goods liable to tax under the Act and who is not otherwise liable to register may also opt for registration as a VAT dealer and such registration shall be subject to such conditions as may be prescribed;
(b) Any dealer intending to effect sale of goods liable to tax under the Act, and who is not otherwise liable to register, may also opt for registration as a VAT dealer and such registration shall be subject to such conditions as may be prescribed.
(7) Every dealer not registered or not liable for registration as VAT dealer and who sells any goods and has a taxable turnover exceeding Rs.5,00,000/- (Rupees five lakhs only) in a period of twelve consecutive months or has reason to believe that his taxable turnover in a period of twelve consecutive months will exceed Rs.5,00,000/- (Rupees five lakhs only), shall apply for registration as TOT dealer in the manner prescribed.
(8) Subject to the provisions contained in sub-section (5), every dealer who held a registration certificate under the Andhra Pradesh General Sales Tax Act 1957 shall be deemed to be registered as TOT dealer under the Act provided the dealer had a taxable turnover exceeding Rs.5,00,000/- (Rupees five lakhs only ) but below Rs.40,00,000/- (Rupees forty lakhs only) during the period from 1st January, 2004 to 31st December, 2004 and had not discontinued his business or his Registration Certificate had not been cancelled during that period.
(9) Where a registered dealer dies or transfers or otherwise disposes of his business in whole, the successor or the transferee, unless already in possession of registration shall be liable to be registered under the Act.
(10) An application for registration shall be made to the authority prescribed in such manner and within such time as may be prescribed.
(11) If the authority to whom an application is made under sub-section (10) is satisfied that the application is bonafide and is in order and in conformity with the provisions of the Act and the rules made thereunder, he shall register the applicant and grant him a certificate of registration in the prescribed form. |