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Cancellation of GST Registration

Implemented on July 1, 2017, GST simplifies business and offers tax benefits. Automated processes, like GST registration cancellation, boost efficiency. Vital for ease of operation.

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Cancelling a GST registration

It's important to note that the specific procedures and rules for GST registration and cancellation can vary from country to country, as each jurisdiction may have its own regulations and processes. If you are dealing with GST matters, it's recommended to refer to the official guidelines and regulations provided by the relevant tax authority in your jurisdiction to ensure accurate and up-to-date information.

  1. Registration under Other Law: If a person is registered under another law but is not required to register under the GST Act, their GST registration may be canceled.

  2. Business Discontinuation or Transfer: If a business is discontinued or fully transferred for any reason, such as the death of the proprietor, amalgamation with another legal entity, demerger, or other forms of disposal, the GST registration might be canceled.

  3. Non-Taxable Person: If a taxable person is no longer required to be registered under the GST Act, their registration can be canceled. This would apply to those who were registered but no longer meet the criteria for mandatory registration.

  4. Violation of Provisions: If a registered person violates the provisions of the GST Act or rules established under it, their registration might be canceled.

  5. Non-Filing of Returns: If a registered person, who is not paying Composition levy, fails to furnish returns for three consecutive tax periods, their registration can be canceled. Similarly, if returns are not furnished for a continuous period of six months, registration might be canceled.

  6. Non-Commencement of Business: If a person who voluntarily registered under section 25(3) of the GST Act does not commence business within six months from the date of registration, their registration can be canceled.

  7. Obtained through Fraud or Misrepresentation: If registration was obtained through fraud, willful misrepresentation, or deception, the registration may be canceled.

Repercussions of Canceling GST Registration:

  1. No GST Liability: Once the GST registration is canceled, the taxpayer is not obligated to pay GST on their supplies.

  2. Inability to Claim GST Credit: The taxpayer will be unable to claim input tax credit on purchases made for their business.

  3. Legal Requirements: Certain types of businesses are required to have GST registration. Cancelling the registration without proper justification might result in legal penalties.

Who Can Cancel GST Registration:

  1. Taxpayer's Own Cancellation: The taxpayer can independently initiate the cancellation of their GST registration through the GST cancellation process. This is known as "suo moto" cancellation.

  2. Competent Officer: If errors or discrepancies are identified, the competent officer has the authority to cancel the GST registration.

  3. Legal Heir: In case of the taxpayer's death, their legal heir can also initiate the cancellation of the GST registration.

Cancellation of GSTIN for Migrated Taxpayers:

  1. Migration to GST: It was mandatory for individuals and businesses previously registered under indirect tax regulations to migrate to the GST system.

  2. Threshold Differences: Some businesses might not have been required to register for GST initially due to differences in the thresholds for VAT and Service Tax compared to the GST threshold.

  3. Interstate Supplies: Businesses making interstate supplies had to register for GST, even if they were not required to register based solely on their turnover.

  4. Special Category States/Union Territories: Different threshold limits applied in certain special category states/Union Territories.

  5. Cancellation Process: Migrated taxpayers who need to cancel their GST registration must submit an application electronically in Form GST REG-29 on the GST portal.

Here are the steps for migrating taxpayers to cancelling their GSTIN on the GST Portal:

Step-by-Step Process for Cancelling GSTIN on the GST Portal:

Step 1: Migrating Taxpayers to Cancel GSTIN

  1. Access the GST Portal (GSTN).
  2. Proceed to the cancellation page.
  3. Your GSTIN and business name will be displayed automatically.
  4. Provide a reason for the cancellation of GSTIN.
  5. You'll be asked whether you have issued any tax invoices during the month.
  6. Enter the names and locations of authorized signatories.
  7. For sole proprietors or partnership firms, sign off with Electronic Verification Code (EVC). Limited Liability Partnerships (LLPs) and corporations require Digital Signature Certificate (DSC).

Reasons for Cancelling GST Registration:

A taxpayer might want to cancel their GST registration for various reasons, including:

  1. Ceased Operations: If the company has stopped its operations, it might opt to cancel its GST registration.

  2. Business Transfer: If the business has been fully transferred, amalgamated, demerged, or otherwise disposed of, the transferee (or the new company formed through amalgamation/demerger) may need to register, and the transferor's registration could be canceled.

  3. Transferor Going Out of Business: If the transferor business goes out of business, its GST registration might be canceled.

  4. Change in Company's Structure: If there's been a change in the structure of the company (e.g., conversion from a private limited company to a public limited company), it might lead to the cancellation of GST registration.

Cancellation of documents

Cancelling GST Registration Using Form GST REG-16:

  1. Applicable Cases: Those who cannot use the earlier procedure described must submit a cancellation request using Form GST REG-16. The procedure also applies to the lawful heirs of a deceased taxpayer.

  2. Form GST REG-16: This form will be used to file the cancellation request.

  3. Stock Details: Details of inputs, semi-finished goods, and finished items kept in stock on the day the cancellation of registration is applied for must be provided in Form GST REG-16.

  4. Liability and Payment Information: The form will include liability details and payment information.

Cancellation Order and Effective Date:

  1. Cancellation Order: The proper authority is required to issue a cancellation order using Form GST REG-19 within 30 days of receiving the cancellation application (Form GST REG-16).

  2. Effective Date: The cancellation will take effect on a date set by the officer. The taxable person will be notified of this effective date.

Procedure

Delayed GST return filing can indeed have significant consequences for taxpayers, leading to fines and penalties. If GST returns are not filed within the stipulated timeframe, taxpayers could incur late fees and interest charges. Here are the key points regarding the impact of delayed GST filing:

Revocation of Cancellation of GST Registration:

Cancellation Revocation Definition: Cancellation revocation refers to the official reversal of a decision to cancel something. In the context of GST registration, revocation of cancellation means that the decision to cancel the registration has been overturned, and the registration remains valid.

When to Revoke Cancellation: Cancellation revocation comes into play when a tax officer initiates the cancellation of a taxable person's registration. The taxable person can request the officer to revoke the cancellation within thirty days of receiving the cancellation order.

Procedure for Revocation of Cancellation:

  1. If the proper officer cancels a registered person's registration suo moto (on their own initiative), the taxable person can file an application for revocation of cancellation using Form GST REG-21.
  2. The application must be submitted within 30 days from the date of serving the cancellation order on the Common Portal.
  3. If the officer is satisfied with the reasons provided, they can revoke the cancellation of registration within 30 days of receiving the application. This is done by issuing an order in Form GST REG-22.
  4. The reasons for revocation or cancellation of registration must be documented in writing.
  5. In case the officer decides to reject the revocation application, they will issue an order in Form GST REG-05, informing the applicant about the rejection.

Additional Notes:

  1. Before rejecting a revocation application, the proper authority must send a show-cause notice (Form GST REG–23) to the applicant, giving them a chance to explain why the application should not be rejected.
  2. The applicant has seven working days from receiving the notice to respond, using Form GST REG-24.
  3. The proper officer will make a decision within 30 days of receiving the applicant's response in Form GST REG-24.
FAQ

Frequently Asked Questions

For specific reasons, the GST registration issued can be revoked. The department may begin the cancellation on its initiative, or the registered individual may apply for cancellation of their registration. The legal heirs can petition for cancellation if the registered person dies.
According to the Act, late GST cancellation carries a penalty of Rs. 100 per day. As a result, it's 100 under the CGST and 100 under the SGST.
Suppose the tax officer is satisfied with your explanations. In that case, he will issue an order for the revocation of GST registration in Form GST REG-22 within 30 days of receiving your response in Form GST REG-24. If the tax officer is dissatisfied with the reasons stated, he can reject the application by issuing an order in Form GST REG-05.
"Suo moto" cancellation of GST registration refers to the tax officer canceling a taxpayer's GST registration under the provisions of the GST legislation. In this context, "suo moto" indicates that the cancellation is initiated by the tax authority without a direct request or application from the taxpayer.
Yes, accepting GST registration after it has been revoked is not prohibited unless a tax officer terminates it.
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