GST CANCELLATION
GST CANCELLATION PROCESS
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GST REGISTRATION
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GST REGISTRATION BENIFITS
GST Registration advantages are given bellow:-
- Simplifies Taxation Services
GST has combined a number of indirect taxes under one umbrella and integrated the Indian market.
- Reduction In Costs Of Products & Services
With the introduction of GST, the cascading effect of a series of VATs and taxes has been erased which has resulted in the reduction of cost of goods and services.
- Helps In Avoiding Lengthy Taxation Services
GST Registration helps the small businesses in avoiding the lengthy taxation services. As the service providers with a turnover of less than 20 lakhs and goods provider with a turnover of less than 40 lakhs are exempt from paying the GST.
- Aimed At Reducing Corruption And Sales Without Receipts
GST was introduced with an aim of reducing corruption and sales without receipts. Also, it helps in reducing the need for small companies to comply with various indirect taxes.
- Uniformity In Taxation Process
GST Registration brings uniformity in the taxation procedure and allows centralized registration. This helps the businesses to file the tax returns every quarter through an online process.
- Minimizing Tax Evasion
With the introduction of GST, tax evasion is minimized to a great extent.
- Higher Threshold For Registration
Earlier, in the VAT system, any business with a turnover of more than Rs 5 lakh was liable to pay VAT in India. In addition, service tax was exempted for service providers with a turnover of less than Rs 10 lakh. Under GST regime, on the other hand, this threshold has been increased to Rs 20 lakh, which exempts lot of small traders and service providers.
- Composition Scheme For Small Businesses
Under GST, small business under turnover of Rs 20 to 75 lakh can benefit as it gives an option to lower taxes by using the Composition scheme. This move has brought down the tax and compliance burden on many small businesses.
- Simple And Easy Online Procedure
The complete process of GST (from registration to filing returns) is done online, and it is super simple. This has been advantageous for start-ups mainly, as they do not have to run from pillar to pillars to get diverse registrations such as VAT, excise, & service tax.
- Compliances Is Lesser In Number
Previously, there was VAT & service tax, each of which had its own returns & compliances. Under GST, on the other hand, there is just one, unified return to be filed.
- Regulations Of Unorganized Sector
In the pre-GST era, it was often observed that certain industries in India like building construction and textile were largely unorganized and unregulated. Under GST, however, there are provisions for online compliances and payments, and for availing of input credit only when the supplier has accepted the amount. This has brought in accountability and regulation to these industries.
GST Cancellation FAQs
GST Registration is a process by which an individual or company gets himself registered under GST. Actually, Every business that supplies goods and services has to register under the Goods and Services Tax. So far 1.28 crore businesses are registered in GST in India and these numbers are increasing day by day. So if you are running a business, then you must register for GST and get a 15-digit PAN-based GST number issued by the central government. Because GST registration has some advantages, your business can grow rapidly without any legal hassle. For certain businesses, GST registration is mandatory. If a trader does business without a GST number, it would be an offense under GST and the trader would have to face heavy fines and penalties for this offense.
As per section 2(6) of the CGST/SGST Act “aggregate turnover” includes the aggregate value of:
(i) all taxable supplies,
(ii) all exempt supplies,
(iii) exports of goods and/or service, and,
(iv) all inter-state supplies of a person having the same PAN
The above shall be computed on all India basis and excludes taxes charged under the CGST Act, SGST Act, UTGST Act, and the IGST Act. Aggregate turnover shall include all supplies made by the Taxable person, whether on his own account or made on behalf of all his principals. Aggregate turnover does not include value of supplies on which tax is levied on reverse charge basis, and value of inward supplies. The value of goods after completion of job work is not includible in the turnover of the job-worker. It will be treated as supply of goods by the principal and will accordingly be includible in the turnover of the Principal.
Where the application for registration has been submitted within thirty days from the date on which the person becomes liable to registration, the effective date of registration shall be the date on which he became liable for registration. Where an application for registration has been submitted by the applicant after thirty days from the date of his becoming liable to registration, the effective date of registration shall be the date of grant of registration. In case of a person taking registration voluntarily while being within the threshold exemption limit for paying tax, the effective date of registration shall be the date of order of registration.
Registration under Goods and Service Tax (GST) regime will confer following advantages to the business: Legally recognized as supplier of goods or services. Proper accounting of taxes paid on the input goods or services which can be utilized for payment of GST due on supply of goods or services or both by the business. Legally authorized to collect tax from his purchasers and pass on the credit of the taxes paid on the goods or services supplied to purchasers or recipients.
Getting eligible to avail various other benefits and privileges rendered under the GST laws.
A person should take a Registration, within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as is prescribed under the Registration Rules. A Casual Taxable person and a non-resident taxable person should however apply for registration at least 5 days prior to commencement of business.
As per Section 24 of the CGST/SGST Act, the following categories of persons shall be required to be registered compulsorily irrespective of the threshold limit:
(i) persons making any inter-State taxable supply;
ii) casual taxable persons;
iii) persons who are required to pay tax under reverse charge;
iv) electronic commerce operators required to pay tax under sub-section (5) of section 9;
v) non-resident taxable persons;
vi) persons who are required to deduct tax under section 51;
vii) persons who supply goods and/or services on behalf of other registered taxable persons whether as an agent or otherwise;
viii) Input service distributor (whether or not separately registered under the Act)
ix) persons who are required to collect tax under section 52;
x) every electronic commerce operator
xi) every person supplying online information and data base retrieval services from a place outside India to a person in India, other than a registered person; and,.
xii) such other person or class of persons as may be notified by the Central Government or a State Government on the recommendations of the Council.
No, a person without GST registration can neither collect GST from his customers nor can claim any input tax credit of GST paid by him.
- Visit the URL: https://www.gst.gov.in.
- Login to the GST Portal with your user-ID and password.
- Navigate to the Services > Registration > Application for Cancellation of Registration option.
- The form – Application for Cancellation of Registration contains three tabs. Ensure that the Basic Details tab is selected by default.
- 5. Either fill your Address for Future Correspondence manually, or check the option of Address same as above to copy the same address as in the Address of Principal Place of Business field.
- Click the SAVE & CONTINUE button.
- Select a suitable reason from the Reason for Cancellation drop-down list.
- Click the SAVE & CONTINUE button.
Check the Verification statement box to declare that the information given in this form is true and correct, and that nothing has been concealed therefrom.
Select the name of the authorised signatory from the Name of Authorized Signatory drop-down.
Enter the Place of making this declaration.
- Sign the form by using either your Digital Signature Certificate (DSC), or the EVC option.
Application for GST cancellation cannot be filed if the registration has been cancelled because of the failure to file returns. Such returns must be furnished first along with payment of all dues amounts of tax, interest & penalty
Step 1: Login to the GST portal and go to Services > Track Application Status option. Step 2: Select the option from drop down against the Module as Registration. Step 3: You may choose to know the application status from the ARN or SRN or submission date as well.
If the person, whose GST registration has been canceled by the proper officer for not complying with the statutory provisions of GST, wants to continue his/her business, he/She will have to apply for a new GST registration and complete GST re registration process.
Suo moto cancellation of GST registration means cancellation of registration under GST laws by the tax officer on his motion. However, the provisions of Section 29(2) of the CGST Act mandate that the officer provides his reasons for initiating such suo moto cancellation of registration
ISD stands for Input Service Distributor and has been defined under Section 2(61) of the CGST/SGST Act. It is basically an office meant to receive tax invoices towards receipt of input services and further distribute the credit to supplier units (having the same PAN) proportionately.
Yes. Different offices of a tax payer can apply for ISD registration.
Casual Taxable Person has been defined in Section 2 (20) of the CGST/SGST Act meaning a person who occasionally undertakes transactions involving supply of goods and/or services in the course or furtherance of business, whether as principal, or agent or in any other capacity, in a State or a Union territory where he has no fixed place of business.
In terms of Section 2(77) of the CGST/SGST Act, a nonresident taxable person means any person who occasionally undertakes transactions involving supply of goods and/or services whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India.
Yes. In terms of Section 28, the proper officer may, on the basis of such information furnished either by the registrant or as ascertained by him, approve or reject amendments in the registration particulars within a period of 15 common working days from the date of receipt of application for amendment. It is to be noted that permission of the proper officer for making amendments will be required for only certain core fields of information, whereas for the other fields, the certificate of registration shall stand amended upon submission of application in the GST common portal.
Yes. Any Registration granted under this Act may be cancelled by the Proper Officer, in circumstances mentioned in Section 29 of the CGST/SGST Act. The proper officer may, either on his own motion or on an application filed, in the prescribed manner, by the registered taxable person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed. As per the Registration Rules, an order for cancellation is to be issued within 30 days from the date of receipt of reply to SCN (in cases where the cancellation is proposed to be carried out suo moto by the proper officer) or from the date of receipt of application for cancellation (in case where the taxable person/legal heir applies for such cancellation)
The transferee or the successor shall be liable to be registered with effect from such transfer or succession and he will have to obtain a fresh registration with effect from the date of such transfer or succession. (Section 22(3))
The gst cancellation application normally taking 10 to 15 days to get cancelled.
If you are a registered taxable person then you can apply for activation of cancellation GST registration under GST laws within a 30 days from the date of service of order for dropping of GST registration.
The registration granted under GST can be cancelled for specified reasons. The cancellation can either be initiated by the department on their own motion or the registered person can apply for cancellation of their registration. In case of death of registered person, the legal heirs can apply for cancellation.
Yes, but only in cases where the initial cancellation has been done by the proper officer suo moto, and not on the request of the taxable person or his legal heirs. A person whose registration has been cancelled suo moto can apply to the proper officer for revocation of cancellation of registration within 30 days from the date of communication of the cancellation order. The proper officer may within a period of 30 days from the date of receipt of application for revocation of cancellation or receipt of information/clarification, either revoke the cancellation or reject the application for revocation of cancellation of registration.
Taxpayers will not be allowed to file a return or upload invoices for the period after the cancellation date. Also, GST Practitioner (GSTP) will not carry out GSTP functions after the date of cancellation. Taxpayers will not be able to change registration details after the issue of the cancellation order
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