Answer By law4u team
Yes, a GST registration can be canceled or surrendered under certain conditions. Here’s an outline of both processes: 1. Cancellation of GST Registration: A GST registration can be canceled by the tax authorities or the registrant (taxpayer) under specific circumstances. The reasons and procedure for cancellation can vary based on the type of taxpayer and the circumstances. Cancellation by the Taxpayer: A taxpayer may voluntarily request the cancellation of their GST registration under the following circumstances: Discontinuation of Business: If the taxpayer discontinues business or stops making taxable supplies. Change in Business Structure: If there is a change in the business structure, such as a sale of business, transfer of business, or incorporation of a new legal entity. No Taxable Supplies: If the taxpayer ceases to make taxable supplies or falls below the threshold limit for registration. Closure of Branches: If the business closes one or more branches that were registered under GST. Sale of Business: If the business is sold or transferred to another person. Cancellation by the Tax Authorities: The tax authorities can cancel the GST registration if: Failure to File Returns: The taxpayer fails to file returns for a consecutive period of six months or more. Non-Compliance: The taxpayer has been found guilty of non-compliance, such as not maintaining proper records or submitting false information. Business Ceases Operations: If the business is found to be non-operational or inactive. Procedure for Cancellation by the Taxpayer: Log in to the GST portal. Navigate to the Services section and select Cancellation of Registration. Fill out the GST cancellation form (GST REG-16). Submit the necessary documents and information as required, such as details of assets and liabilities, stock, and tax payment status. The tax authorities will process the cancellation request and issue an order. Once the cancellation is approved, the taxpayer will receive a cancellation certificate. 2. Surrender of GST Registration: Surrendering GST registration is a voluntary process undertaken by the taxpayer when they no longer meet the requirements for GST registration. Conditions for Surrender: Threshold Limit Not Met: If the taxpayer’s turnover falls below the prescribed threshold limit for registration (for example, Rs. 40 lakhs for goods in most states). No Taxable Supplies: If the taxpayer stops making taxable supplies or moves out of the taxable category. GST Registration Not Required: In cases where GST registration was obtained earlier but is no longer needed because the nature of the business has changed. Procedure for Surrender: Similar to cancellation, the taxpayer needs to apply online on the GST portal. The taxpayer must fill out GST REG-16 to apply for surrender. The application should include relevant documents such as final GST returns, assets and liabilities details, and the reason for surrender. After submission, the tax authorities review the application, and if everything is in order, they will approve the surrender and issue a certificate of cancellation. Key Points to Remember: Once the GST registration is canceled or surrendered, the taxpayer is required to file a final GST return and pay any pending taxes. If GST registration is canceled, the taxpayer will be required to reverse the input tax credit (ITC) availed on the stock, and any pending liabilities must be cleared. The cancellation or surrender of GST registration has an impact on the business’s ability to claim tax credits or collect GST from customers. In both cases, it’s important to ensure compliance with all GST obligations before proceeding with cancellation or surrender to avoid penalties.
