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The tax official may have cancelled a taxpayer’s GST registration by initiating suo moto proceedings. The aggrieved taxpayer can apply for revocation or restoration of such GST registration cancelled by visiting the GST portal.
1st February 2022
Budget 2022 updates-
Section 29 of the CGST Act is amended for cancellation of GSTIN by officer:
1. If a composition taxable person fails to file an annual return for three months beyond the due date of 30th April of the following year, his registration can get cancelled.
2. For any other regular taxpayer, registration will be cancelled if there is the default for consecutive tax periods as prescribed against earlier the six months consecutive default in return filing.
21st December 2021
From 1st January 2022, CBIC made the aadhaar authentication mandatory to apply for revocation of cancelled GST registration under the CGST Rule 23 in REG-21.
29th August 2021
Taxpayers can get extended time up to 30th September 2021 to revoke cancelled GST registration if the last date for the same falls between 1st March 2020 and 31st August 2021. It applies if the GST registration is cancelled under Section 29(2) clause (b) or (c) of the CGST Act via CGST notification number 34/2021 dated 29th August 2021.
28th May 2021
Due date to file an application for revocation of cancellation of registration falling between 15th April 2021 up to 29th June 2021 is 30th June 2021.
A taxpayer whose registration is cancelled by the proper officer can apply for reversal of such cancellation of GST registration by applying Form GST REG-21. This application should be filed within 30 days of receiving the notice for the cancellation of GST registration.
In case the proper officer has cancelled the registration because of the non-filing of returns. The reversal application in GST REG-21 can be filed only after pending returns are filed along with interest and penalty.
Follow the steps below to file GST REG-21:
Step 1: Log in to the GST portal and navigate to ‘Services’ > ‘Registration’ > ‘Application for revocation of GST registration cancellation.’
Step 2: Enter the required information and reasons for the reversal of the cancellation of GST registration. Also, supporting documents can be attached. After updating all the details, click on the verification checkbox. Select the authorised signatory and place.
Step 3: Apply Form GST REG-21 with DSC or EVC. A message will be received that the application is successfully submitted.
The CBIC issued the CGST circular 158/14/2021-GST on 6th September 2021. It clarifies the applicability of the CGST Notification no. 34/2021 dated 29th August 2021.
The CBIC temporarily extended the time limit to apply for revocation of cancellation of GST registration up to 30th September 2021 if the due date to apply for such revocation expired anytime from 1st March 2020 to 31st August 2021.
Several taxpayers raised queries about the applicability of this relief to them. Accordingly, the CBIC issued the GST Circular clarifying the matter. It said that the relief is available irrespective of the status of revocation application as applied, under processing, rejected, with the appellate authority, etc, given as per the below table.
|S.No||Application for revocation of cancellation of GST registration Status||Taxpayer's expected actions|
|1||Yet to be filed by the taxpayer.||File application on or before 30th September 2021.|
|2||Application submitted but pending with officer.||No action required from taxpayer. The officer must process the application considering the extended timelines.|
|3||Application filed but rejected by the officer. The taxpayer has not filed any appeal against the rejection.||Can file a fresh application on or before 30th September 2021.|
|4||Appeal filed against rejection of the revocation application and is pending at appellate authority.||No action required from taxpayer. The appellate authority must process the appeal considering the extended timeline.|
|5||Application rejected by the officer and authority decided against the taxpayer during the appeal.||Taxpayer must file a fresh application on or before 30th September 2021.|
A new proviso was inserted in Section 30 of the CGST Act, with effect from 1st January 2021, allowing extension in the due date to apply for revocation if approved by the Additional/Joint Commissioner or the Commissioner for 30 days each.
Many taxpayers had doubts if they can take further extensions of 30 or 60 days, depending upon the approval, beyond 30th September 2021 due to this provision. The CBIC clarified as follows:
|Sl No||Situation||Last date for revocation application|
|1||If the time limit for applying for revocation of 30 days falls between 1st March 2020 to 31st December 2020||30th September 2021|
|2||If the time limit of 30 days is yet to lapse as on 1st January 2021 or if the GST registration is cancelled on or after 1st January 2021|
|The 90 days time period has elapsed by 31st August 2021||30th September 2021|
|60 days time period has elapsed by 31st August 2021||30th October 2021
(If the Commissioner approves after 30th September 2021)
|30 days time period has elapsed by 31st August 2021||30th October 2021
(If the Joint/Additional Commissioner approves after 30th September 2021)
29th November 2021
(If the Commissioner approves after 30th October 2021)
The extension is available only in the following cases of cancellation-
The concerned officer will verify the revocation application filed in Form GST REG-21.
Suppose the concerned officer is unsatisfied with the revocation application. In that case, he will send a show-cause notice in Form GST REG-23 to the taxpayer mentioning why he thinks that the refusal application needs to be rejected. He will ask the taxpayer why the refusal application furnished by him should not be rejected.
A chance is given to the taxpayer to provide reasons why not to cancel the GST registration.
The assessee who has received notice in Form GST REG-23 shall respond in Form GST REG-24 within seven working days from the due date of the issue of notice.
If the concerned officer is satisfied with the revocation application: In this case, he will record the cause in writing. He will also issue the order for revocation of GST registration in Form GST REG-22 within 30 days from getting a reply in form GST REG-21.
If an assessee has received a notice in Form GST REG-23, then he should file a reply in Form GST REG-24 within seven working days from the date of service of notice in Form GST REG-23.
Form REG-24 contains the below information-
The tax officer will verify the reply received in Form GST REG-24.
If satisfied: He will issue the order for revocation of GST registration in Form GST REG-22 within 30 days from the date of getting a reply in form GST REG-24.
If unsatisfied: If the tax officer finds that the reasons provided are unsatisfactory, he can reject the application by issuing an order in Form GST REG-05.