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TMI Blog2009 (10) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... ner compounded the offence and paid the compounding fee as well as the tax due, along with interest, for the year concerned as evidenced from exhibit P5 proceedings of the Intelligence Officer. The assessing authority concerned had also completed the assessment with respect to the year, and it is stated that appeal against such assessment is now pending. Subsequent to the inspection conducted by the intelligence wing, the petitioner submitted exhibit P7 application for registration, and registration was granted by the authority. According to the petitioner the date of commencement of business was happened to be wrongly shown in the application as April 1, 2008 instead of April 1, 2007. Hence the petitioner submitted exhibit P8 application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to section 16 of the KVAT Act through the Kerala Finance Act, 2009. The proviso of section 16 of sub-section (2) is seen amended as follows: "Provided that registration shall be deemed to have been granted with effect from the date of commencement of business irrespective of the date of application, for the purposes of,- (a) paying tax under sub-section (5) of section 6, subject to eligibility, and (b) opting for payment of tax under section 8 for the relevant years subject to eligibility: Provided further that new dealers applying for registration and existing dealers having registration may avail this benefit subject to the condition that they shall pay tax under the respective provisions along with interest and will not be e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f date of commencement of business to be granted in the registration particulars. Going by the above quoted provisions it is evident that the statute had permitted certain benefits which the assessee can avail of by virtue of the clause provided therein, regarding the date of commencement of business. Therefore the question in this regard will be governed by the provisions contained therein. Under the above circumstances I am of the opinion that the rejection of the application for correction of the date of commencement of business, is unsustainable and unjustifiable in the given set of facts and circumstances. Therefore I am inclined to set aside exhibit P9 order and to direct the respondent to allow exhibit P8 application for effecting c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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