Question3: Can u
suggest the procedure for change in the constitution of dealer from partnership
to prop. whether we have to surrender the existing reg. and sought new reg. or
amendment is possible. And whether any time limit specified in Law.
Answer: The partnership formed from proprietorship is not the same person.
Earlier this facility was available to get the VAT registration amended if the
proprietorship was converted into a partnership but this was not in Central
excise. When the proprietorship is converted into partnership there will be
change PAN no For this relevant provision are given in Rule 19 The same is as
fallow RULE 19. Amendment of registration (corresponding section 28) (1) Where
there is any change in any of the particulars furnished in the application for
registration in FORM GST REG-01 or FORM GST REG-07 or FORM GST REG-09 or FORM
GST REG-10 or for Unique Identity Number in FORM GST-REG-13,either at the time
of obtaining registration or Unique Identity Number or as amended from time to
time, the registered person shall, within a period of fifteen days of such
change, submit an application, duly signed or verified through electronic
verification code, electronically in FORM GST REG-14, along with the documents
relating to such change at the common portal, either directly or through a
Facilitation Centre notified by the Commissioner: Provided that '
(a) where the change relates to,-
(i) legal name of business;
(ii) address of the principal place of business or any additional place(s) of
business; or
(iii) addition, deletion or retirement of partners or directors, Karta, Managing
Committee, Board of Trustees, Chief Executive Officer or equivalent, responsible
for the day today affairs of the business,- which does not warrant cancellation
of registration under section 29, the proper officer shall, after due
verification, approve the amendment within a period of fifteen working days from
the date of the receipt of the application in FORM GST REG-14 and issue an order
in FORM GST REG-15 electronically and such amendment shall take effect from the
date of the occurrence of the event warranting such amendment;
(b) the change relating to sub-clause (i) and sub-clause (iii) of clause (a) in
any State or Union territory shall be applicable for all registrations of the
registered person obtained under the provisions of this Chapter on the same
Permanent Account Number;
(c) where the change relates to any particulars other than those specified in
clause (a), the certificate of registration shall stand amended upon submission
of the application in FORM GST REG- 14 on the common portal;
(d) where a change in the constitution of any business results in the change of
the Permanent Account Number of a registered person, the said person shall apply
for fresh registration in FORM GST REG-01: Accordingly you have to apply for
fresh registration (Reply dt. 17/11/2017)