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GST cancellation can occur through two processes. You may cancel voluntarily if your business is no longer operational or falls below the mandated registration threshold. It involves filing all pending returns and submitting the form online, typically completed within two weeks. Alternatively, the GST department may cancel your registration due to non-compliance, such as failure to file returns. In such cases, the department will notify you beforehand and allow you to explain your situation. If there's no response or continued non-compliance, the cancellation proceeds. You can request reinstatement of your registration within 90 days of the cancellation order.
GST Cancellation
Cancellation of GST registration refers to a situation where a business or individual is no longer considered a registered taxpayer under the Goods and Services Tax (GST) regime in India.
Non-compliance with GST regulations can result in registration cancellation. Common violations are as follows:
Regular filing of GST returns is mandatory. Failure to do so can result in cancellation.
Timely payment of GST taxes is crucial. Persistent default in tax payments can lead to cancellation.
Providing inaccurate information during registration or filing can lead to cancellation proceedings.
GST registration may be cancelled if a registered business does not commence operations within the stipulated time frame.
There are two main categories for GST cancellation:
Voluntary cancellation applies when a business owner decides to cancel their GST registration. Here are some common reasons:
Business Changes
1. Discontinuance or closure of business
If you're shutting down your business entirely, you'll want to cancel your GST registration.
2. Transfer of business
The new owner must get a separate GST registration if you're ultimately transferring your business ownership (merger, demerger, sale, etc.). You can then cancel yours.
3. Change in business constitution
If your business structure changes (e.g., from a sole proprietorship to a partnership), your PAN might change, necessitating cancellation of the old GST registration.
Impact of Turnover
1. Below the threshold:
You can voluntarily cancel your registration if your annual turnover falls below the threshold requiring GST registration (currently ₹20 lakh for most businesses).
The tax authorities can also cancel your GST registration if you're non-compliant with GST rules:
Non-filing of Returns
1. Composition scheme
Your registration can be canceled if you're registered under the composition scheme and fail to file returns for three consecutive tax periods.
2. Regular scheme
Not filing GST returns for six months can lead to cancellation for businesses under the regular scheme.
3. Other Non-compliance
Issuing invoices without supplying goods or services, tax evasion attempts or any other violation of GST provisions can also result in registration cancellation.
To cancel your GST registration, you'll need to submit the following documents along with the application form (GST REG-16) on the GST portal:
PAN Card
Aadhaar Card
Last Return Details
Company Authority Details (if applicable)
Tax Particulars
Inputs (raw materials) held in stock on the cancellation date and the corresponding tax liability.
Semi-finished and finished goods and the corresponding tax liability are held in stock on the cancellation date.
Capital assets (machinery, etc.) and any tax payable on them.
The time limit for GST cancellation depends on the following:
No deadline, but file all GST returns (including final return) before applying.
Respond to show-cause notice within seven working days to avoid cancellation.
The GST cancellation process involves an officer's review and decision. Here's a breakdown of their role:
Scrutiny of Application
The officer will examine the application form (GST REG-16) and supporting documents submitted by the taxpayer.
They will verify the information provided for completeness and accuracy. This includes details like PAN card, Aadhaar, tax particulars (stock details and liabilities), and company authority details (if applicable).
Assessment and Verification
The officer might request further clarification or documents if needed.
They may verify details with other government departments for cross-checking.
Decision on Cancellation
1. Approve cancellation
If everything is in order and the taxpayer has fulfilled all obligations (returns filed, taxes paid).
2. Reject cancellation
Suppose there are discrepancies in the application or outstanding tax liabilities. The officer will provide reasons for rejection.
3. Issue a notice
Sometimes, the officer may need further clarification or verification before deciding. They might issue a show-cause notice asking the taxpayer to explain a specific point or provide additional information.
1. Ineligibility to Collect GST
Once the GST registration is cancelled, the entity becomes ineligible to collect GST from customers. This means they cannot charge GST on their supplies.
2. Input Tax Credit (ITC) Reversal
Upon cancellation, the registered entity needs to reverse any Input Tax Credit (ITC) availed on goods or services that remain in stock or are used for business purposes post-cancellation.
3. Filing Final Returns:
The taxpayer needs to file final GST returns and pay any outstanding tax liabilities before the cancellation is processed.
4. Ongoing Obligations
Although the registration is cancelled, the entity may still have to fulfill certain ongoing obligations such as maintaining records for a specified period and responding to any queries from tax authorities.
Legal and Tax Implications
1. Impact on Business Operations
Cancellation of GST registration can significantly impact business operations, especially if the entity relied on input tax credits or if it conducts interstate trade.
2. Potential Penalties:
Failure to comply with cancellation procedures or continuing to collect GST post-cancellation can lead to penalties imposed by tax authorities.
3. Reapplication Process
If the entity intends to resume business activities subject to GST in the future, it will need to reapply for GST registration, which can involve additional time and administrative effort.
Procedure for Cancellation
1. Application for Cancellation
The registered taxpayer needs to apply for cancellation of GST registration through the GST portal by submitting the required form along with supporting documents.
2. Clearance of Dues
Before cancellation, the taxpayer must clear any outstanding tax liabilities and file all pending returns.
3. Verification and Approval
Tax authorities verify the application and supporting documents submitted by the taxpayer. If everything is in order, they approve the cancellation request.
4. Cancellation Order
Upon approval, the tax authority issues a cancellation order specifying the effective date of cancellation.
5. Intimation to Taxpayers
The tax authorities publish the cancellation details on the GST portal, and the taxpayer receives intimation of the cancellation.
6. ITC Reversal and Compliance
Post-cancellation, the taxpayer needs to reverse any unutilized input tax credit and comply with any additional requirements specified by tax authorities.
With our team of experienced legal professionals well-versed in GST laws and regulations, you can trust us to handle your GST cancellation with precision and efficiency. We'll ensure that all necessary documentation is prepared and submitted correctly, saving you time and hassle.
Choosing Vakilsearch for your GST cancellation needs means gaining access to a trusted partner dedicated to delivering results. We prioritize your satisfaction and strive to make the entire process as smooth and seamless as possible.
Can I cancel my GST registration without filing returns?
No, you cannot cancel your GST registration without filing all due returns. You'll need to submit Form GSTR-10 (Final Return) before applying for cancellation.
How long does the cancellation process take?
The timeframe for cancellation depends on the GST authorities and the accuracy of your submitted documents. It typically takes 1-2 weeks for voluntary cancellation.
What happens if I receive a show-cause notice for cancellation?
This notice is issued by the tax officer if they have reasons to cancel your registration. You have 7 days to respond using Form REG-18 explaining why your registration shouldn't be canceled.
Can I file past GST returns after cancellation?
Yes, you can still file returns for periods before the cancellation date mentioned in the order. However, you cannot file returns or claim ITC for transactions after the cancellation date.
How long do I have to apply to revoke a cancellation?
Currently, you have 90 days from the date of the cancellation order to apply for revocation. You'll need to submit a request with reasons for the cancellation being reversed.
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