Q.1 Under which circumstances can a registered
Taxpayer file for cancellation of GST registration?
Ans: A registered Taxpayer can file for cancellation of GST
registration on the occurrence of any of the following events:
1. Discontinuance of business or closure of business.
2. Taxable person ceases to be liable to pay tax.
3. Transfer of business on account of amalgamation, merger,
de-merger, sale, leased or otherwise.
4. Change in constitution of business leading to change in PAN.
5. Registered voluntarily, but did not commence any business
within specified time.
6. Taxable person no longer liable to be registered under GST
Act.
Q.2 Who all can file for cancellation of GST
registration?
Ans: The following can file for cancellation of GST
registration:
1. Existing Taxpayer
2. Migrated Taxpayer whose application for enrolment has
been approved
3. Migrated Taxpayer who has not filed any other form after
filing of application for enrolment
Q.3 From where can I file for cancellation of
GST registration?
Ans: Application for GST registration can be accessed from the GST
Portal,
after logging in.
The path is Services > Registration > Application
for Cancellation of Registration.
Q.4 Who all cannot file for cancellation of GST
registration?
Ans: The following people cannot file for cancellation of GST
registration:
1. Persons registered as Tax Deductors / Tax Collectors
2. Persons to whom UIN has been allotted
Q.5 What is the pre-condition for cancellation
of GST registration in case of amalgamation / merger / change in constitution
of business?
Ans: In case of amalgamation / merger / change in constitution
of business, the new entity (i.e. transferee entity) must be registered with
the tax authority, and must have a valid GSTIN at the time of filing for
cancellation of GST registration by the old amalgamated / merged / transferred
entity.
Q.6 What is the implication of tax payable on
stock while filing for cancellation of GST registration?
Ans: While filing the application for cancellation of GST
registration, the Taxpayer needs to fill the value of stock and corresponding
tax liability on the stock, and accordingly offset the liability (tax payable)
from Electronic Cash Ledger / Electronic Credit ledger equivalent to the credit
of input tax in respect of inputs held in stock and inputs contained in
semi-finished goods or finished goods held in stock or capital goods or plant
and machinery, 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.
In case of capital goods or plant and machinery, the person
shall pay an amount equal to the input tax credit taken on the said capital
goods or plant and machinery, reduced by such percentage points as may be
prescribed or the tax on the transaction value of such capital goods or plant
and machinery, whichever is higher.
In case of Nil or no amount to be entered by Taxpayer in value
of stock and tax payable section, the Taxpayer can still submit the form.
Q.7 Why is the Submit button in form for
cancellation of GST registration not getting active despite filling it
out?
Ans: The Submit button gets activated once all the mandatory
fields (other than signatures) are filled. Please check all the mandatory
fields carefully and provide information for any field that you might have
missed.
Q.8 What is the duration within which Taxpayers
need to file for cancellation of GST registration?
Ans: Taxpayers need to file for cancellation of GST
registration within 30 days from the date from which registration is liable to
be cancelled, in case of voluntary cancellation.
Q.9 Is there any limitation on filing for GST
registration by Taxpayers who had registered voluntarily?
Ans: In case a Taxpayer has taken voluntary registration
in GST
regime,
he cannot file application for cancellation of registration before the expiry
of one year.
Q.10 Can I file for amendment of Core fields
after applying for cancellation of GST registration?
Ans: No. Once you have submitted the application for
cancellation of registration, and ARN has been generated, you will not be
allowed to file for amendment of Core fields.
Q.11 Can I file for amendment of Non-Core
fields after applying for cancellation of GST registration?
Ans: Yes. Once you have submitted the application for
cancellation of registration, and ARN has been generated, you can file for
amendment of Non-Core fields.
Q.12 I was issued a temporary-ID by Suo Moto
registration. Can I file for cancellation of this GST registration?
Ans: No. You cannot file for cancellation of Suo Moto
registration. However, you can file an appeal against the issuance of Suo Moto
registration to you at the appropriate forum, as provided in law.
Reason of Tax Deductions
Procedure for Cancellation of
Registration
How can I file for cancellation of GST registration?
To file for cancellation of GST registration, please perform the
following steps:
1. Visit the URL: https://www.gst.gov.in.
2. Login to the GST Portal with your
user-ID and password.
3. Navigate to the Services > Registration > Application
for Cancellation of Registration option.
4. The form – Application for
Cancellation of Registration contains three tabs. Ensure that the Basic
Details tab is selected by default.
Note: The first tab contains pre-filled
information in sections of Basic Details and Address of Principal Place of Business.
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.
6. Click the SAVE & CONTINUE button.
Notes:
·
The tab Basic
Details will change to blue colour and a tick mark will
appear on it indicating that all the mandatory fields under this tab have been
duly filled-in.
·
The next tab Cancellation
Details will get active, requiring you to make suitable
selections and provide relevant information in corresponding fields.
7. Select a suitable reason from the Reason for
Cancellation drop-down list.
Notes: The following five reasons are available
for selection:
a) Change in constitution of business
leading to change in PAN
b) Ceased to be liable to pay tax
c) Discontinuance of business /
Closure of business
d) Others
e) Transfer of business on account of
amalgamation, merger, demerger, sale, leased or otherwise
Change in constitution
of business leading to change in PAN:
a) Enter the date from which registration is to be cancelled.
b) Provide the GSTIN of the transferee entity under the Details
for Transfer, Merger or Change in Constitution section. System will validate
the same, and based upon it’s Legal Name of Business, will auto-populate the
Trade Name.
Ceased to be liable to
pay tax:
a) Enter the date from which registration is to be cancelled.
b) Enter the value of stock and the corresponding tax liability
on the stock.
c) Basis the entered stock details, enter the value to offset
the liability (tax payable) that you wish to offset from either the Electronic
Cash Ledger, or the Electronic Credit Ledger, or both.
d) On submitting the form, the amount will be deducted from the
respective Electronic Cash Ledger, or the Electronic Credit Ledger, or both,
and debit entries will be made.
Discontinuance of
business / Closure of business:
a) Enter the date from which registration is to be cancelled.
b) Enter the value of stock and the corresponding tax liability
on the stock.
c) Basis the entered stock details, enter the value to offset
the liability (tax payable) that you wish to offset from either the Electronic
Cash Ledger, or the Electronic Credit Ledger, or both.
d) On submitting the form, the amount will be deducted from the
respective Electronic Cash Ledger, or the Electronic Credit Ledger, or both,
and debit entries will be made.
Others:
a) Specify the reason for cancellation.
b) Enter the value of stock and the corresponding tax liability
on the stock.
c) Basis the entered stock details, enter the value to offset
the liability (tax payable) that you wish to offset from either the Electronic
Cash Ledger, or the Electronic Credit Ledger, or both.
d) On submitting the form, the amount will be deducted from the
respective Electronic Cash Ledger, or the Electronic Credit Ledger, or both,
and debit entries will be made.
Transfer of business on
account of amalgamation, merger, demerger, sale, leased or otherwise:
a) Enter the date from which registration is to be cancelled.
b) Provide the GSTIN of the transferee entity under the Details
for Transfer, Merger or Change in Constitution section. System will validate
the same, and based upon it’s Legal Name of Business, will auto-populate the
Trade Name.
8. Click the SAVE & CONTINUE button.
Notes:
·
This will mark the second tab also as complete.
·
The next tab, Verification will
get activated.
9. 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.
10. Select the name of the authorised signatory from the Name of
Authorized Signatory drop-down.
11. Enter the Place of making this declaration.
Note: Notice that the system auto-populates the authorised signatory’s
designation or status.
12. Sign the form by using either your Digital Signature
Certificate (DSC), or the EVC option.
Notes:
·
For the purpose of simplicity, this user manual has followed the
EVC path.
·
If using a DSC, you will be required to select your registered DSC
from the emSigner pop-up window and then proceed from there accordingly.
13. Enter the OTP.
Notes:
·
On successfully filing the application for cancellation of
registration, the system will generate the ARN and display a confirmation
message.
·
A confirmation message will also be sent by GST Portal on your
registered mobile phone number and e-mail-ID.
·
After this stage, the concerned Tax Official will review your
application and take a decision accordingly.
14. To view the ARN, navigate to the Services > Registration > Track
Application Status option.
15. Select Submission Period radio button.
16. Enter the From and To dates between which you filed for cancellation of
registration.
17. Click the SEARCH button.
Note: The search result will display the ARN corresponding to your
filed application.
No comments:
Post a Comment