GST Cancellation

Introduction

Goods and Services Tax (GST) is an all inclusive destination based, indirect tax imposed on supply of goods and services in India. Businesses with a turnover exceeding the specified limit are required to register under GST.

Under certain circumstances, however, a GST registration may be cancelled - either voluntarily by the taxpayer or by the tax authorities. This is referred to as GST Cancellation.

What is GST Cancellation?

GST Cancellation is the term used when a taxpayer's GST registration is cancelled. When the tax is cancelled, the taxpayer stops collecting or paying GST, and, the taxpayer stops filing GST returns.

Who Can Apply for GST Cancellation?

GST cancellation can be initiated by:

• The Taxpayer (Voluntary cancellation)

• The Tax Officer (Suo-motu cancellation)

• Legal Heirs (In case of death of a sole proprietor)

Reasons for GST Cancellation

Voluntary Reasons (by Taxpayer):

• Closure of Business

• Transfer or sale of the business

• Merger, amalgamation, or demerger of a business

• Change in the constitution of the business (for example, a proprietorship converted to a partnership).

• No longer liable to be registered under GST (e.g., turnover falls below the threshold)

• Opting out of voluntary registration

 Compulsory Reasons (by GST Officer):

• Failure to file GST returns within a given time.

• Failure to commence business within 6 months of registration.

• Fraud or misstatement to get GST registration.

• Violation of GST laws or rules

• Raising of invoices without the real supply of goods or services.

Forms Used for GST Cancellation

Process of Voluntary GST Cancellation (By Taxpayer)

• Step 1: Log in to the GST Portal

1. Visit www.gst.gov.in, log in using your credentials.

• Step 2: Navigate to the Application

1. Registration > Application to Cancel Registration.

• Step 3: Fill in Form GST REG-16

1. Reason for cancellation

2. Date of cancellation being sought.

3. Details of stock held (if any)

4. Liability to pay tax on stock

5. Payment details (if any dues)

• Step 4: Submit and Verify

1. You can submit the form with the help of DSC/EVC, and ARN (Acknowledgement Reference Number) will be created.

• Step 5: Approval by Officer

1. The proper officer will check the application and in case of his satisfaction, he will grant Form GST REG-19 in 30 days to confirm the cancellation.

Process of Suo-Motu Cancellation (By Officer)

• Step 1: Show Cause Notice

1. In case of cancellation grounds, the officer issues Form GST REG-17.

• Step 2: Reply by Taxpayer

1. The taxpayers will have to respond through Form GST REG-18 within 7 working days.

• Step 3: Final Decision

1. If the response is satisfactory, the cancellation is not made.

2. In case of unsatisfactory reply or in case of non-reply, registration is cancelled through Form GST REG-19.

Final Return After GST Cancellation

In case of cancellation of registration, the taxpayer has to file Final Return in Form GSTR-10 within three months after its cancellation.

Details in GSTR-10:

• Materials and stocks of capital goods.

• Tax payable on those goods

• Outstanding liabilities (in case of any)

Penalty for Late Filing GSTR-10:

• 100 per day (CGST 100 + SGST 100), subject to a maximum of 5, 000.

Revocation of GST Cancellation

In case the officer makes a cancellation (not at his own choice) the taxpayer may seek a revocation within 30 days after the date of cancellation order.

How to Apply:

• File Form GST REG-21

• Provide reasons and any supporting documents

When the officer is content, they will commence Form GST REG-22 that will cancel the cancellation.

Implications of GST Cancellation

For the Business Owner:

• After cancellation, no GST compliance was required.

• Should cease the issue of GST invoices.

• Is not able to collect GST on customers.

• He/she must pay tax on the stock at the time of cancellation (whereby input tax credit has been claimed).

 If GST is Not Cancelled After Business Closure:

• Return filing, payments, etc. (continuous compliance required).

• Late fees and fines can be paid.

Points to Remember

Conclusion

GST cancellation is a necessary compliance step that happens in various situations such as when a business is wound up, restructured or is no longer liable to be registered under GST. Proper cancellation will avoid the risk of legal and financial complications. Whether it is a decision made voluntarily or by design, it is equally important to understand the rules, forms and schedules in order for the closure under the GST regime to be carried out seamlessly.

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