BOOK A FREE CONSULTATION
Get help from an experienced legal adviser. Schedule your consultation at a time that works for you and it's absolutely FREE.
The Indian Government has introduced the GST (Goods and Services Tax) in 2017 in order to bring service charges and indirect taxes under same room. Implementation of GST resulted in bringing several indirect taxes and service charges under one bracket. It is a destination-based tax and is implicated to all who have turn-over INR 40 lakhs per annum (10 lac in North-east and hilly areas). CBIC (Central Board of Indirect tax and Customs) has notified the increase in threshold turnover from INR 20 lakhs to INR 40 lakhs. The notification will come into effect from 1st April 2019.
The cancellation of GST Registration can be understand by the voluntary or involuntary discontinue of the GST registration due to any reason discontinuation or amalgamate or merger of business or if asked by the authority. If the GST Registration gets cancelled, the applicant can re-apply for its re-issue, or official cancellation of a decision, this process is knows as GST Revocation. It is the process which involves the taking back the decision of cancelling GST Registration, by this means the registered GST is still valid.
GST registration can be cancelled by -
- GST Registered entity
- The tax officers
- Legal in case of death of tax payer
- If requested by tax payer in case the turnover is less than 40 lakhs (except in North-East States)
Reason for the Cancellation -
The business operations are shut
- The business entity got merged with any other entity
- The business has transferred fully, demerged, amalgamated
- If the PAN is changed
- Change in type of business entity
- Can be cancelled by authority due to non-filing of GST returns or in case of any fraud
By registered individual – Form GST REG 16
Issue show cause notice– Form GST REG 17
Show cause notice reply – Form GST REG 18
Dissolution Order – Form GST REG 19
Stop the cancellation– Form GST REG 20
Stay on proceedings explanation form – Form GST REG 18
Revocation application – Form GST REG 21
Order for the revoking the cancellation – Form GST REG 22
Time-line to apply for Revocation
Application for the Revocation of the GST can be applied only in case when the registration is cancelled by Tax Officer. Application is required to filed within 30 days of the receipt of show-cause notice for cancellation.
Procedure to apply for revocation
- Step 1 - The application is applied in form GST REG 21
- Step 2 - the reasons for the revocation of cancellation of registration must be provided in writing.
- Step 3 - The tax officer can reject the application for revocation by an order in FORM GST REG-05
- Step 4 - before rejecting the application the designated officer will issue a show-cause notice in FORM GST REG–23 in order to provide a chance to the applicant for providing a clarification for the registration should not be rejected.
- Step 5 - the applicant can reply in FORM GST REG-24 within 7 working days from the date of the show-cause notice.
- Step 6 - Within 30 days from the date of receipt of clarification, the office will accept/reject the application in FORM GST REG-24.
Procedure to re-apply for GST Registration if cancelled by Tax Officer -
- Step 1 - A show-cause notice is sent to the person in FORM GST REG-17.
- Step 2 - Applicant can reply to the show-cause notice in FORM GST REG–18 within 7 days from date of the receipt of notice stating the clarification with his registration should not be cancelled.
- Step 3 - If reply is satisfactory, the tax officer will issue an order in the FORM GST REG –20.
- Step 4 - If the registration is liable to get cancelled, the order will be issued in FORM GST REG-19 by the office and will be sent to the applicant within 30 days from the date of reply to the show cause.
Procedure for Voluntary GST Cancellation
- In case the turnover of the business is less than threshold limit -
This process is no longer utilised as this provision was valid until the time of migration of taxpayers who were registered under the older tax regime to GST.
- Procedure in other cases -
Application is filled in Form GST REG- 16 with following details –
- Details of goods in stock on the date when application for the GST cancellation of registration is submitted
- Liability thereon
- Details of the payment
The officer will issue an order for cancellation in FORM GST REG-19 within 30 days from the date of application.
As we all know that government has mandate the Goods and Service Tax (GST) Registration for all the business holders in 2017 by setting a threshold limit i.e. it is mandatory for business owners having turnover more than INR 40 lakhs per annum. It is also mandatory for all the business holders to file the monthly or quarterly returns in order to avoid penalties or cancellation of the GST registration.
Government has also provided the provision that if anyone wants to cancel their registration due to any reason they can do that. The registration can also be cancelled by the authority in case there is default in return filing, or any fraud is conducted. The cancellation of GST registration can be done in three by anyone, namely, by the taxpayer, by the tax officer and by the legal heir of the deceased taxpayer.
Furthermore, in any case or situation when there is requirement if re-registration of the cancelled GST number, that can also be done by the method of GST Revocation as prescribed by relevant laws.
If you wish to revoke your GST number or apply for new you can contact us.