37 Form of security

Form of security.

37(1) Security or additional security demanded under sub-section (1) of section 19 may be furnished in any one of the following

forms:-

(a) by pledging personal immovable assets of the proprietor, partner, Karta of Hindu Undivided Family, company, society, club or association, as the case may be, at first charge in favour of the Government of Uttar Pradesh with the Registrar of properties; or

(b) by furnishing surety from two dealers who are and have been registered dealers either under the Uttar Pradesh Trade Tax Act 1948 or under the Uttar Pradesh Value Added Tax Act, 2008 during a minimum period of past three completed assessment years and who are not defaulters under the Uttar Pradesh Trade Tax Act, 1948, the Central Sales Tax Act, 1956, the Uttar Pradesh Value Added Tax Act, 2008 and the Uttar Pradesh Tax on Entry of Goods Into local Areas Act, 2007; or

(c) by furnishing security bond from two sureties duly verified by the Collector of the District where sureties reside:

 Provided that where upon verification any security furnished by a dealer is found false, without prejudice to any other action under the Act or any other law for the time being in force, the registering authority may require the dealer to furnish security in any of the forms mentioned in sub-rule (2).

 

(2) Notwithstanding anything containing in sub-rule (1) the dealer may, at his option, furnish security or additional security referred to in sub-section (1) of section 19, in any one of the following forms:

(a) By depositing amount in cash; or

(b) By furnishing bank guarantee from a scheduled bank; or

(c) By pledging fix deposit certificate; or

(d) By pledging National Saving Certificates or any other saving certificates issued by Indian Postal Services.

(3) Undertaking from surety referred to in sub-section (6) of section 81 shall be presented in Form XIII.

(4) The undertaking referred to in sub-rule (3) shall be complete in all respects.

 

37A Cancellation of registration certificate and matter incidental to it

(1) Where registration certificate of any person or dealer has been cancelled under any provision of the Act or these rule, the assessing authority or the registering authority, as the case may be, shall serve the copy of the order of cancellation to the dealer or person concerned, and order to deposit the such certificate in the office of assessing authority or registering authority along with any other certificate or declaration or O.C. stamp which have been obtained from the department or countersigned by
competent authority.


(2) After cancellation of the registration certificate the registering authority or assessing authority, as the case may be, shall make public notice regarding cancellation within twenty four hours and shall send information to all Additional Commissioners Zone and Additional
Commissioner (Special Investigation Branch) of the Zone and send a copy of order to the Commissioner.


(3) On receiving the information of cancellation of registration certificate every Additional Commissioner Zone and Additional Commissioner (Special Investigation Branch) shall immediately inform to all officers under the zone thereof by public notice and electronic media.


(4) The Commissioner or an officer not below the rank of Joint Commissioner authorized by the Commissioner in this behalf shall make public notice regarding the cancellation of registration by way of circular and through electronic media fortnightly.


(5) The provisions of this rule shall mutatis mutandis apply to Tax Deduction Number (TDN) and Service Provider Number (SPN).