2009 (10) TMI 830

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....er 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 s....

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.... 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 en....