In case you want to cancel your GST registration because GST is not applicable to you or because you are closing down your business or profession.
Or there is some other valid reason due to which you want to cancel your GST registration, One Call Tax will help you with an end-to-end advisory for GST cancellation.
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In case you want to cancel your GST registration because GST is not applicable to you or because you are closing down your business or profession. Or there is some other valid reason due to which you want to cancel your GST registration, One Call Tax will help you with an end-to-end advisory.
To cancel a GST registration, an application must be submitted on the GST Common Portal in FORM GST REG-16 along with the required information. On submission of an application for cancellation of GST registration, the GST officer is required to verify the application and issue an order in FORM GST REG-19, within 30 days from the date of application.
The following are the main reasons behind the Surrender or Cancellation of GST Registration:
Closure of Business;
Transfer of Business;
Change in the Constitution (for e.g., a Private Limited Company has turned into a Public Limited Company);
The Business has been assigned completely, amalgamated, demerged or contrarily disposed of; the transferee or the new business form demerger or amalgamation has to get registered. The transferor will withdraw its GST Registration if it ends up existing.
Cancellation by a tax officer if the Business does not follow the established parameters.
Where the proper Officer has several reasons to believe that the Registration of a person or an individual is liable to be cancelled under Section 29 of the CGST Act, he or she shall issue a notice to such person in Form GST REG-17 requiring the person to show cause within 7 working days from the service date of such notice, as to why their Registration shall not be cancelled.
The reply to the notice (show cause) issued under sub-rule (1) shall be provided in Form REG-18 within the specified time period;
Where an individual who has submitted an application for the Cancellation of GST Registration is no longer liable to be registered or their Registration is liable to be cancelled, the Officer shall issue an order in Form GST REG-19 within 30 days from the date of application submitted under sub-rule (1) of Rule 20/as the case may be, the reply date to the show cause issued under sub-rule (1), cancel the GST Registration with effect from a date to be determined by them & notified the taxable person, directing him to pay arrears of any tax, interest/penalty including the amount liable to be paid under sub-section (5) of Section 29;
Where the reply provided under sub-rule (2) is found to be satisfactory, the Officer shall drop the proceedings & pass an order in Form GST REG-20;
The provisions of sub-rule (3) shall apply to the legal heirs of a deceased proprietor as if the application had been submitted by the proprietor himself.
By GST Officer: The Officer can cancel the Registration if the Organisation falls under the following conditions:
If the registered company hasn't generated any business in the last 6 months after GST Registration;
If the organisation has violated any law against GST;
If the process of GST Registration has been done through fraud methods;
A composition registered person hasn’t filed tax for 3 consecutive years;
Or any other issue.
GST Surrender by the Registered Person: A registered person can apply for the Cancellation of GST Registration by himself:
If your Business has been discontinued;
If the Business is no longer liable to GST (for instance, you have taken Registration for the sake you trade inter-state, but later the Government relaxed the norms that GST Registration is not mandatory for inter-state trade);
If you are shutting down your business/profession;
Death of Proprietor in case of Sole Proprietorship;
If your turnover is less than the threshold limit as provided under the respective Act.
GST Surrender by Legal Heir: A legal heir can apply for Cancellation of GST Registration after the Death of the Proprietor in case of Sole Proprietorship.
The following details must be mandatorily defined by the applicant while using for Cancellation in Form GST REG-16:
Contact address which includes the mobile number & email address;
Grounds of Cancellation;
Desired date of Cancellation;
Specifications of the value & tax payable on the stock of inputs, the inputs possible in semi-finished goods, inputs available in complete goods, the stock of capital goods or plant & machinery;
Specification of the last return filed by the taxpayer along with the ARN of the particular return;
Details of Entity Registration if the present unit amalgamated, merged, or transferred.
If the GST Officer has reasons to remove the enrolment of an individual or a person, then he or she will send a show-cause notice to such individual in Form GST REG-17;
The person must reply to a show cause notice in Form REG-18 within 17 days from the date of service of notice why their Registration shouldn’t be removed;
If the answer you provided is found to be satisfying, then the usual Officer will leave the proceedings & give an order in Form GST REG-20;
In case the GST Registration is likely to be cancelled, then the proper Officer will assign an order in Form GST REG-19. The order will be posted within 30 days from the date of return to the show cause.
First, you need to analyse why your Business needs the GST Surrender;
Then, you need to follow some major steps for GST Surrender. You can contact One Call Tax; our experts will help you with this;
The Department always asks for the genuine & correct reason for the Surrender of GST Registration, whether the surrender GSTIN Number is suo motto by the Officer/Voluntarily by the applicant;
Officials made the complete compliance treatment of Business very abridged. An applicant deciding on the GST Surrender process can fill the application form online on the official website of GST without visiting the Department;
Our experts will help you in filing the application online and submit it to the Department after affixing the DSC.
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