The taxpayers must follow the below following steps for the Cancellation of GST Registration:
Step 1: Firstly, the taxpayers have to visit the Goods and Services Tax portal for the Cancellation of GST Registration.
Step 2: Click on the ‘Login’ button to access the username and password page.
Step 3: Enter the correct ‘Username’ and ‘Password’ credentials along with the captcha in the required field and click ‘login’.
Step 4: Click on the Application for Cancellation of Registration link under the services tab that is visible on the home page.
Step 5: The portal displays various tabs for the cancellation of the registration form. There are three tabs such as Basic Details, Cancellation Details and Verification. Click on each tab to enter the details.
Step 6: The Basic Details tab displays the pre-filled information in the sections of Basic Details and Address of Principal Place of Business.
Step 7: The applicant must fill the address manually for future correspondence, or check the Address option same as the above to copy the same address as in the Address of Principal Place of Business field.
Step 8: Then click on the “Save and Continue” button. A blue tick will appear on the Basic Details section indicating the completion of the Basic details. Now proceed with the next tab.
Step 9: The next tab Cancellation Details will get active after filling-in all the mandatory fields under the Basic Details tab.
Step 10: Select a suitable reason from the Reason for Cancellation drop-down list.
Step 11: The below following five reasons are available in the drop-down list for the selection:
On selecting the Change in the constitution of business, leading to a change in PAN option, the applicant should enter the following details:
On selecting the Ceased to be liable to pay the tax option, enter the following details:
On selecting the Discontinuance of business/Closure of business option, Enter the following details:
On selecting the Discontinuance Others option, enter the following details:
On selecting the “Transfer of business on account of amalgamation, de-merger, sale, leased or otherwise” option, enter the following details:
Step 12: The next tab verification Details will get active after filling-in all the mandatory fields under the Cancellation Details tab.
Step 13: Check the Verification statement box to declare that all the information provided in the form stands legally correct.
Step 14: Select the name of the authorised signatory from the Name of Authorized Signatory drop-down.
Note: The system auto-populates the authorised signatory’s designation or status.
Step 15: Enter the Place of making this declaration.
Step 16: Sign the form by using either the Digital Signature Certificate (DSC) or the EVC option. On selecting any of these below options, the registered user receives an OTP.
Step 17: If using a DSC, the user shall select the registered DSC from the emSigner pop-up screen and then proceed from there accordingly.
Step 18: Enter the OTP and then click on the Validate OTP button.
Step 19: On successfully filing the application for cancellation of registration, the system will generate the ARN and display a confirmation message.
Step 20: GST Portal will also send a confirmation message on the registered mobile phone number and e-mail-ID.
Step 21: After this process, the concerned Tax Official will review the application and make a decision accordingly.
Step 22: To view the ARN, click on the “Track Application Status” under the services tab that is visible on the home page.
Step 23: Select the Submission Period radio button.
Step 24: Enter the From and To dates as mentioned in the form for cancellation of registration.
Step 25: Click the Search button. On clicking on the ‘search’ button, will display the ARN corresponding to the filled application along with the status.
The CGST Act entitles the following persons to apply for a cancellation of registration:
However, a person who obtained GST registration voluntarily cannot apply for GST Registration cancellation before the expiry of a 1 year from the effective date of registration.
Prior to the cancellation of registration, the officer would issue a notice to such person whose GST registration is liable to be cancelled, requiring show cause within seven working days from the date of service of such notice as to why the GST registration should not be cancelled. The registered person can reply to the show cause notice within the prescribed time, or the GST registration can stand cancelled.
As per Section 29 of the CGST Act, the taxpayer can initiate apply for the cancelled GST registration under the following circumstances:
An application for cancellation is to be made in Form GST REG-16 on the common GST portal within 30 days of the “occurrence of the event warranting the cancellation.”
In certain scenarios where it is tough to identify the exact date of the event, the deadline can be interpreted in a liberal manner, in which case the application would not be rejected on the possible violation of the deadline.
The following information must be mandatorily specified by the applicant while applying for cancellation in Form GST REG-16:
While applying for a cancellation, the applicant is mandated to pay 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.
The payment can be made through debiting either the electronic credit or cash ledger.
The obligation, though considered essential, may even be fulfilled during the submission of final return in GSTR-10.
The concerned officer may decide against accepting the application on the basis of the following:
In these situations, the concerned officer provides a written intimation to the applicant regarding the nature of the discrepancy. In which case, the latter is required to respond to the same within seven days of the date of receipt of the letter, failing which the concerned officer may reject the application after providing him/her with an opportunity to be heard. Reasons for the rejection must be recorded.
Every person whose registration has been cancelled are 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 which could have been incurred under Section 29 of the CGST Act.
The due date stipulated for the same is the 31st of December 2018. 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 return isn’t filed in Form GSTR-10, the taxpayer will be issued a notice in GSTR-3A, prompting him/her to do the same within 15 days of the issue of such notice.
If the taxpayer fails to comply with the notice, initiatives will be taken to assess the liability of the taxpayer 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. However, the taxpayer wouldn’t be reprieved of remitting the late fee and interest.
Following information would be helpful to re-register your GST number after cancellation.
The taxpayer can apply for Revoking a Cancelled GST Registration application, if in the case that the GST officer cancelled involuntarily.
The applicant should file for the cancelled GST registration process in the GST portal within 30 days from the date of cancellation by the concerned officer.
However, upon cancellation of GST registration due to failure in filing GST returns, then the taxpayer can appeal for GST revocation only after filing the GST returns and pay the tax amount as required, along with any amount payable towards interest, penalty and late fee payable.
After filing the delayed GST returns and paying the penalty, an application can be made by a taxpayer for revocation of cancellation of registration.
The GST Officer would then verify the reasons for revocation of cancellation of registration, and if satisfied about the grounds for revocation of cancellation of registration, he would revoke the cancellation of registration.