What is the date of Effective Voluntary Cancellation of Registration under the IT ACT?

Say 12AA Registration, Registration u/s Sec 10 (23C) , PAN NO, TAN NO. etc

1.Voluntary Cancellation of any Registration ( Maybe granted Sec 12AA, u/s 10(23C, etc), Assessee may apply for cancellation of the Registration to the Authority at any point of time.

2.Once the cancellation application was received by the Authority, it is the duty of the Authority Either to accept it OR issue a Show Cause Notice to the Assessee within a reasonable time.

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3.Where no show cause notice was received within a reasonable time then Date of Cancellation of Registration has to be accepted as on the date when Assessee made the application before the Authority.

4.Where Show Cause Notice was received from the Authority, towards Cancellation Application, then the Effective date of Cancellation shall be held as the Date on Conclusion of hearing before the Authority OR reply to the Show Cause notice was placed before the Authority.

The above view was based upon the Principle that
” All the Powers held by someone in a Public Office are powers held in TRUST for the benefit of the Public at Large.
Officers have no discretion either to use or not to use the powers given by the ACT to the Officers.

registration

5.Ex: For deciding the Effective Date of Voluntary Cancellation of Registration:
(i). Date of Application: 5th Feb 2019.
( ii). Show cause notice issued by Deptt: 10.03.2019.
(iii). Date of the hearing of Show Cause Notice. 20.03.2019.
(iv). Date of communication towards Cancellation from.Deptt: 05.06.2021.

Here the date of Voluntary Cancellation of Registration Shall be the date when on Conclusion of hearing of the Show Cause Notice that is 20.03.2019.

Date of Communication from Deptt. Towards Cancellation that is 05.06.2021 has no Relevance.

According Assessee is not under any obligation to fulfil the provisions relating to the Registration From.FY 2019-20.

The above view is supported by the Judgment of the ” NAVAJBAI RATAN TATA TRUST vs. PCIT (MUM.ITAT).

Nut Shell:

1.Voluntary cancellation of Registration ( Say 12AA, (10(23C)), shall be effective from the date on conclusion of the Hearing or filling reply to the Show Cause Notice towards Cancellation.

2.No Show cause notice it is the date of Application for Cancellation.

3.Date of Deptt’s letter granting Cancellation has no relevance to decide, Date of Cancellation.

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Want to register a software company in India?

What is the process to register a software company in India?

To advance the registration of a software company, the first thing to do is obtain the approval of your company name with the consent of ROC (Registrar Of Companies). Then you have to get CIN (company identification number).

After obtaining the CIN, you must send all your legal documents, as well as other legal forms. During this process, you must mention all the necessary information about the company.

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To start a software company, the company must undergo previous registration processes that are the following:

  • Direct identification numbers
  • Reservation of the name of the company
  • Electronic Signatures

When you incorporate a software company, you first have to identify your directors. The number of directors must be between 2 and 8 inclusive, but not to be less than or greater than that. Directors must have Director Identification Numbers (DIN). If they do not have DIN, they must request it.

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They have to present their proof of identity and proof of residence to request this. Proof of identity can be a PAN, Passport, DL or voter identification card and proof of address can be DL, Ration card, EB invoice, passport or telephone bill.

1. Obtain a digital signature certificate (DSC)

2. Create an account on the MCA portal: new user registration

Steps to follow when setting up a software company

  • First, one has to give a brief description of the business, such as the type of product, the field, the objective and the type of technology that will be used. You should mention everything related to that software, such as how it will be developed and supplied to the market, etc.
  • Then, select the company form either single or private property or partnership. The key factor that decides the form of the company is the size of the company, the risk range, the target market and the budget. Plan according to your objective if you go nationally or globally.
  • Select the region and update yourself on the commercial laws that are executed in that region of perspective.
    Register your software company under ROC. When registering, it is necessary to submit an application in the same office where the central office is located.
  • Choose the place where you want to set up your office. After obtaining the ROC certificate, you must start hiring employees.
  • It is best to register with the Employment Department of the state or region for legal hiring and job offers. Applying in a state can offer you to hire from anywhere in India. Without registration can cause problems in your hiring process.
  • Register under STPI (Software Technology Parks India). This can help you achieve full legal benefits and other benefits such as tax exemptions, etc.

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