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GST Registration Cancellation

When GST registration is cancelled, the person or entity is no longer identified as a GST-registered taxpayer. This termination implies that they aren’t required to gather, submit, or pay GST. Moreover, they can’t claim input tax credits, and the responsibility of filing GST returns is also lifted from them.

The Importance of Timely GST Cancellation

If no business activity occurs after acquiring GST registration, the taxpayer must begin the GST cancellation process as outlined. If a taxpayer stops filing GST returns and allows his GST registration to lapse, he cannot apply for fresh GST registration using the same PAN.

Further, if the government cancels a GST registration, the taxable person must first apply for the cancellation to be revoked by paying any late fees. Following the restoration, appropriately cancel the GST or continue filing GST returns.

As a result, once a GST registration is received, the taxpayer must keep track of compliance. Hence, if there is no commercial activity, apply for GST registration cancellation as soon as possible.

Criteria for GST Cancellation: Who Can Apply?

The following types of persons can apply for GST Cancellation:

By the Taxpayer:

Taxpayers who possess a GST registration can voluntarily kick-start the cancellation procedure. This might be because they deem the registration unnecessary or because they fulfill specific cancellation criteria.

By Tax Authorities:

If tax officials find any non-compliance with the rules or inconsistencies in a taxpayer’s activities or records, they have the right to cancel the GST registration. To initiate this, they can release a show-cause notice through the GST REG-17 form.

By Legal Successors:

In circumstances where a taxpayer passes away, the legal successors or heirs can put forward a request to annul the deceased’s GST registration.

Entities Ineligible for GST Cancellation

• Tax Deductors/Collectors: Individuals or entities specifically registered to deduct or collect taxes are not eligible to request GST cancellation.
• Holders of Unique Identity Number (UIN): Entities or persons, such as foreign diplomatic missions or UN organizations, who possess a UIN are barred from applying for GST registration cancellation. This UIN is allocated to them primarily to claim tax refunds on their received supplies.

Voluntary GST Cancellation

If a person or entity with GST registration wishes to cancel their GST registration, a cancellation request must be submitted to the GST Department in Form GST REG-16. After reviewing the application, if the GST Officer is satisfied, he or she will issue an order to terminate GST registration in Form GST REG-19.

The following are some of the top reasons for voluntary GST registration cancellation:

• 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.

Voluntarily cancelling a GST registration can save the business owner from the unnecessary hassles of filing GST returns each month and payment of penalty or late-filing fee.

Cancellation by GST Officer

An officer can initiate the cancellation of a GST registration under GST if the Officer has justification to cancel the GST registration. The proceedings for GST Cancellation by Officer will begin by issuing a show-cause notice in Form GST REG-17.

A GST officer can start the cancellation process if any of the following events occur.

• If a taxpayer has failed to file GST returns continuously.
• An assesse registered for GST voluntarily but did not start a business within six months.
• The registered taxpayer has broken one or more sections of the GST Act or its Rules.
• The GST registration is obtained through deception or malicious misrepresentation.
• To dodge tax or improperly claim the input tax credit, a taxpayer supplies goods or services without an invoice or produces an invoice without providing goods or services.

In case of cancellation by the GST Officer, the Officer would notify the taxpayer whose GST registration is liable to be terminated before cancellation. The taxpayer would then be given a reasonable opportunity to be heard before their GST registration is cancelled.

The notice to the taxpayer from GST Officer would be sent in Form GST REG-17 with specific reasons why the GST registration should be cancelled. The notice would also allow the taxpayer to respond to the notice and have a date and time if a hearing is scheduled.

If the taxpayer responds to the notice and the proper authority is satisfied with the response, he or she may dismiss the case and issue an order in Form GST REG-20. If he is not satisfied, he may issue a Form GST REG-19 order canceling the GST registration.

GST Cancellation by Legal Heirs

Should a sole proprietor pass away, the responsibility and authority to request the cancellation of the GST registration for the business fall upon the legal heirs.

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