2009 (1) TMI 822 - HC - VAT and Sales Tax

Summary

Issues:
Challenge to order rejecting request to amend certificate of registration for a company converting from private to public limited.

Analysis:
The petitioner, originally a private limited company, converted into a public limited company and sought to amend its certificate of registration. The respondent rejected the request, insisting on obtaining a new registration, leading to a period where the company had no valid registration. The High Court noted that the legal entity remained the same despite the change in constitution, as recognized under the Companies Act. The Court highlighted that the TNVAT Act does not supersede the Companies Act concerning name changes, registered office changes, and amendments to articles of association. The respondent's directive for a new registration was deemed erroneous.

The Court acknowledged that the petitioner had already obtained a new registration but emphasized the importance of not leaving the company without valid registration during the transition period. Consequently, the Court set aside the respondent's order and directed the continuation of the old TIN and CST number until the new numbers took effect. This decision aimed to prevent any disruptions in the assessment of the petitioner-company for value-added tax. The writ petition was granted accordingly, with connected miscellaneous petitions closed, and no costs were imposed.