Frequently Asked Questions about GST Cancellation in India
FAQs about GST Cancellation in India
1. What is GST cancellation?
GST cancellation refers to the process of deregistering or nullifying a Goods and Services Tax (GST) registration in India. It is done when a business entity either voluntarily wants to cancel its GST registration or when there are specific circumstances where the registration needs to be canceled by the concerned authorities.
2. Who can apply for GST cancellation?
Any individual, partnership firm, limited liability partnership (LLP), Hindu Undivided Family (HUF), company, or any other type of business entity registered under the GST Act can apply for cancellation of their GST registration. This applies to both regular taxpayers and composition scheme taxpayers.
3. When can a GST registration be canceled?
A GST registration can be canceled under the following circumstances:
– Discontinuation of business operations
– Transfer, merger, amalgamation, or de-merger of a business entity
– Change in the constitution of a business
– Death of an individual
– Taxable person no longer liable to pay tax under GST
– Division or partition of a business entity
– Any other circumstances as specified by the GST law
4. How can one apply for GST cancellation?
The cancellation application for GST registration can be filed through the Goods and Services Tax Network (GSTN) portal. The applicant needs to log in to the GST portal with their registered credentials and navigate to the "Services" section to find the option for cancellation. The application requires filling in the necessary details and attaching supporting documents, if any.
5. What are the documents required for GST cancellation?
The documents required for GST cancellation vary depending on the reason for cancellation. Commonly required documents include:
– Proof of surrendering the business premises
– Copy of the GST registration certificate
– Detailed reason for cancellation, stating the circumstances necessitating the cancellation
– The resolution passed by the company or partnership firms' partners/members, approving the cancellation
– Any other documents requested by the tax authorities during the cancellation process
6. Is there a timeline for GST cancellation?
Yes, the GST law mandates that the cancellation application for GST registration should be filed within 30 days from the date of cessation of business or the effective occurrence of the event requiring cancellation. Failure to comply may result in penalties or continuation of tax liabilities.
7. What happens after filing the GST cancellation application?
After filing the GST cancellation application, the tax authorities may conduct an inquiry or verification to ensure the validity of the submitted information. Once satisfied, they will issue a cancellation order for the GST registration. This order will specify the effective date of cancellation.
8. Are there any implications of GST cancellation?
Yes, GST cancellation has certain implications, including:
– No longer liable to collect tax from customers or file GST returns
– Liability to pay any outstanding tax liabilities, dues, or penalties arising before the cancellation date
– Return of any input tax credit balance lying unused in the electronic credit ledger
– Consideration of assets, stock, and other goods held on the date of cancellation for appropriating any tax liabilities
9. Can a canceled GST registration be restored?
Yes, a canceled GST registration can be restored by filing an application for revocation within 30 days from the date of the cancellation order. However, restoration is solely at the discretion of the tax authorities, and they may choose to accept or reject the revocation application based on their assessment.
10. Where can one find more information about GST cancellation?
For more information on GST cancellation, individuals can refer to the official website of the Goods and Services Tax Network (GSTN) or consult with a qualified tax professional to understand the specific requirements and procedures involved in cancelling a GST registration in India.
