GST REGISTRATION CANCELLATION
How to cancel GST registration?
GST registration can be canceled by the registered person or by the GST officer, or by the registered person’s legal heirs in case of death of the person under GST. GST registration cancellation means that the person will not be registered under GST anymore, and he will not have to pay or collect GST.
GST registration can be canceled by a GST officer or voluntarily by the person registered under GST. The taxpayer will not pay GST anymore if he cancels the GST registration.
If an individual is still carrying out business after surrendering the GST registration, it will be an offense under GST, and heavy penalties are applicable. There will be no requirement to furnish any GST return.
Who can cancel the GST registration?
A GST registration can be canceled by an officer, if:
- The registered person under GST does not conduct any business from the declared place of business or
- Issues invoice or bill without supply of goods or services violating the GST ACT or GST rules.
- If the person having GST registration has not filed GST returns for six months
Before the cancellation of registration, the Officer would issue a notice to the taxpayer whose GST registration is liable to be canceled, requiring show cause within seven working days from the date of service of such notice.
The registered person can reply to the show cause notice within the prescribed time, or the GST registration can stand canceled.
Voluntary cancellation by the registered person
GST registration cancellation can be initiated by the person registered under GST under Section 29 of the CGST Act under the following circumstances:
- Discontinuance or closure of a business
- Transfer of business, amalgamation, merger, de-merger, lease, or other pertinent reasons.
- Change in the constitution of business, which results in a change of PAN.
- Turnover reduces below the threshold limit of GST registration.
- Death of the sole proprietor
- Any other reason, the likes of which must be proved in the application.
Forms to be filed before GST registration cancellation
The taxpayer for canceling GST registration must apply through FORM GST REG 16. The legal heirs of the deceased taxpayers will also follow the same procedure as follows:
Application for cancellation should be made in FORM GST REG 16.
The following details must be included in FORM GST REG 16.
How to apply for GST cancellation?
Before applying for GST registration cancellation, the taxpayer is required to file all the GST returns. If non-compliance concerning GSTR-3B return or GSTR-1 or GST annual return, the overdue must be filed before initiating the GST cancellation process.
The application for GST cancellation should be made in Form GST REG-16 on the common GST portal. In the GST cancellation application, the following information must be provided.
Final GST Payment
Before applying for GST cancellation, the applicant must pay all the overdue GST liability. In addition to this, the input tax contained in the stock of inputs, semi-finished goods, finished goods, and capital goods or the output tax liability of such goods, whichever is higher, must be remitted by the taxpayer.
The input tax credit on the existing stock must be paid back, as the taxpayer will not be eligible to claim ITC on cancellation of GST registration.
The final GST payment can be made through GST electronic credit or cash ledger. The final payment can also be made during the submission of the filing of the final GSTR-10 return.
Grounds of Non-Acceptance of Cancellation Application
Why does the GST registration cancellation application get rejected?
After submitting the GST cancellation application, the application can be approved, and the registration would stand canceled on the date mentioned in the order.
In some instances, the concerned Officer may decide to reject the application if :
GSTR-10 Final GST Return
Every person whose registration is canceled is required to file a final GST return in Form GSTR-10 within three months of the date of cancellation or the date of order of cancellation, whichever is later.
This is done to ensure that the taxpayer is devoid of liabilities. It may be noted that Input Service distributors or Non-resident taxpayers who are required to pay tax under Section 10, Section 51, or Section 52 are exempted from this provision.
If the final GST return is not filed in Form GSTR-10, then the taxpayer will be issued a notice in GSTR -3A prompting him or her to do the same within 15 days of issues of such notice.
If the taxpayer fails to comply with the notice, initiatives will be taken to assess the taxpayer’s liability based on the information available with the concerned Officer. The assessing order will be withdrawn if the applicant files the return within 30 days of the issue of notice.
Consequences of not canceling GST registration
What happens if a GST registration is not canceled?
If there is no business activity after obtaining GST registration, the taxpayer needs to initiate the GST cancellation as per the process laid out. If the taxpayer stops filing the GST returns and lets the GST registration be canceled, then he cannot obtain another GST registration under the same PAN.
If the government cancels a GST registration, the taxable person will first apply for revocation of the GST registration cancellation by paying all the late fees. After restoration, cancel the GST properly or continue filing GST returns.
Hence, once a GST registration is obtained, the taxpayer needs to monitor the compliance. There is no business activity file for cancellation of GST registration at the earliest. The suspension of GST registration can be revoked after the completion of GST registration cancellation proceedings. The revocation of suspension of GST registration will be effective from the date the suspension has come into effect.
Cancellation of GST registration through IndiaFilings
In case you have a GST registration that you would like to surrender, consult an IndiaFilings GST Expert. We will verify GST return filing status, help you file any overdue GST returns, and file for cancellation of GST. Also, on submission of the GST registration cancellation application, we will monitor the application, respond to any queries, and help you complete the process.