Situations where cancellation of GST registration
GST registration is cancelled when:
a. Discontinuation of Business.
b. Transferred fully for any reason including death of the proprietor.
c. Amalgamated with other legal entity
d. Demerged or otherwise disposed of
e. Change in the constitution of the business
f. The taxable person, other than the person registered under sub-section (3) of section 19, is no longer liable to be registered under Schedule III.
g. The registered taxable person has contravened such provisions of the Act or the rules made thereunder as may be prescribed.
h. A person paying tax under section 8 has not furnished returns for three consecutive tax periods.
i. Any taxable person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months
j. Any person who has taken voluntary registration under sub-section (3) of section 19 has not commenced business within six months from the date of registration.
k. Where any registration has been obtained by means of fraud, wilful misstatement or suppression of facts, the proper officer may cancel the registration with retrospective effect, subject to the provisions of section 29.
Shall my GST cancellation effects without informing me?
The proper officer shall not cancel the registration without giving a notice to show cause and without giving the person a reasonable opportunity of being heard.
My GST registration cancelled. Am I responsible to pay GST?
The cancellation of registration under this section shall not affect the liability of the taxable person to pay tax and other dues under the Act for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation.
The extract of GST Law explains about procedures and obligation when cancellation of GST registration as under:
“ Every registered taxable person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit or cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed: Provided that in case of capital goods, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods reduced by the percentage points as may be prescribed in this behalf or the tax on the transaction value of such capital goods under sub-section (1) of section 15, whichever is higher.
The amount payable under sub-section (7) shall be calculated in accordance with generally accepted accounting principles in such manner as may be prescribed.”
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