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In case you want to cancel your GST registration because GST does not apply to you or you are shutting down your business or profession, or the tax officer calls for cancellation, this article will guide you through the process.
Latest Updates on Cancellation of GST Registration
28th May 2021
Due date to file application for revocation of cancellation of registration falling between 15th April 2021 up to 29th June 2021 is 30th June 2021.
22nd December 2020
1. GST registration can be canceled under CGST Rule 21 at the discretion of the tax officer in the following cases:
a. Avails input tax credit in violation of the provisions of section 16 of the Act or the rules
b. Utilisation of ITC from electronic credit ledger to discharge more than 99% of the tax liability for specified taxpayers – with the total taxable value of supplies exceeding Rs.50 lakh in the month, with some exceptions
c. A taxpayer has not filed GSTR-1 due to GSTR-3B not being filed for more than two consecutive months (one quarter for those who opt into the QRMP scheme)
2. Suspension of GST registration may get attracted under CGST Rule 21A if there are major discrepancies between the GSTR-3B vis-a-vis the GSTR-1 and GSTR-2B.
14th March 2020
At the 39th GST Council meeting, taxpayers who have cancelled their GST registration till 14th March 2020 can file an application for revocation of cancellation of registration. The window to fill this application is available till 30th June 2020. The extension is a one-time measurement to facilitate those who want to continue conducting the business.
Cancellation of GST registration simply means that the taxpayer will not be a GST registered person any more. He will not have to pay or collect GST or claim input tax credit and accordingly, need not file GST returns.
Cancellation of GST registration can be done by-
*** Application for cancellation, in case of voluntary registrations made under GST, earlier could have been made only after one year from the date of registration. This provision stands rescinded.
Every person who was registered under erstwhile indirect tax laws had to mandatorily migrate to GST. Many such persons may have not been liable to be registered under GST. For example, the threshold under VAT in most states was Rs.5 lakhs whereas it is Rs.20 lakh* under GST. However, they had to make sure you are not making inter-state supplies since registration is mandatory for inter-state suppliers except for service providers.
*Rs.40 lakh in case of supply of only goods in some states or Rs.10 lakh in certain special category states/Union Territories. Such a taxpayer had to submit an application electronically in form GST REG-29 at the GST portal.
The proper officer shall, after conducting an enquiry as required would cancel the registration.
Below are the steps of cancelling GSTIN by the migrated taxpayers on the GST Portal-
Step 1- Log in to the GST Portal and click the Cancellation of Provisional Registration
You will be asked if you have issued any tax invoices during the month.
Simply fill up the details of authorized signatories, place. Finally, sign off with EVC if you are a proprietorship or a partnership. LLPs & Companies must mandatorily sign with DSC.
Note: Taxpayers who have not issued tax invoice can avail above service. If the taxpayer has issued any tax invoice then FORM GST REG-16 needs to be filed. Refer below.
(For example- Private limited company has changed to a public limited company)
All those who cannot follow the above method must file an application for cancellation in form GST REG 16. The legal heirs of the deceased taxpayer will follow the same procedure as below.
The registration can be cancelled, if the taxpayer-
(a) Does not conduct any business from the declared place of business OR
(b) Issues invoice or bill without supply of goods/services (i.e., in violation of the provisions) OR
(c) Violates the anti-profiteering provisions (for example, not passing on benefit of ITC to customers) OR
With effect from 1st January 2021-
(d) Utilisation of ITC from electronic credit ledger to discharge more than 99% of the tax liability for specified taxpayers violating Rule 86B – with the total taxable value of supplies exceeding Rs.50 lakh in the month, with some exceptions. OR
(e) A taxpayer who cannot file GSTR-1 due to GSTR-3B not being filed for more than two consecutive months (one quarter for those who opt into the QRMP scheme) OR
(f) Avails input tax credit in violation of the provisions of section 16 of the Act or the rules.
Revocation means the official cancellation of a decision or promise. Revocation of cancellation of registration means that the decision to cancel the registration has been reversed and the registration is still valid.
This is applicable only when the tax officer has cancelled the registration of a taxable person on his own motion. Such taxable person can apply to the officer for revocation of cancellation within thirty days from the date of the cancellation order.
Note: Application for revocation cannot be filed if the registration has been cancelled because of the failure to file returns. Such returns must be furnished first along with payment of all dues amounts of tax, interest & penalty.
ClearTax GST Software is a user-friendly easy-to-use software to help you in easy, timely, error-free filing of GST returns. To know more about GST registration and other information, please refer to our various articles. To know more about transition to GST, please read our extensive articles on GST.
For more information, read a host of articles by ClearTax: