How to Cancel GST Registration in 2024

Posted by Shiv Kumar
6
Aug 14, 2024
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Goods and Services Tax (GST) has been a significant tax reform in India, transforming the indirect tax structure of the country. However, there are instances where a business might need to cancel its GST registration. Whether due to business closure, change in business structure, or other reasons, canceling GST registration is a crucial process that needs to be done in compliance with legal requirements. This article provides a step-by-step guide on how to cancel GST registration in 2024.

Understanding GST Registration Cancellation

GST registration can be cancelled under three broad categories:

  • Voluntary Cancellation: This occurs when the taxpayer voluntarily opts for cancellation, usually because the business is shutting down or turnover falls below the threshold limit.
  • Cancellation by Tax Authorities: The tax authorities may cancel the GST registration if the registered person contravenes the provisions of the GST Act or fails to comply with rules and regulations.
  • Cancellation upon Migration: Businesses that migrated from the old tax regime to GST may cancel their registration if they no longer require it.


Who Can Apply for GST Registration Cancellation?

GST registration can be cancelled by:

  • Individuals: Proprietors, partners, or directors of a business entity can apply for cancellation.
  • Authorized Representatives: A legal representative, in case of the death of a proprietor, can apply for cancellation.
  • Tax Authorities: As mentioned earlier, authorities can also initiate the cancellation process.


Reasons for GST Registration Cancellation

Some of the common reasons for canceling GST registration include:

  1. Closure of Business: The business has ceased operations, and there is no need for GST registration.
  2. Change in Business Structure: For instance, if a sole proprietorship is converted into a partnership, the existing GST registration might be canceled, and a new one might be applied for.
  3. Turnover Falls Below Threshold: If the annual turnover of the business falls below the mandatory threshold limit for GST registration, the business may opt for cancellation.
  4. Transfer of Business: In case of the transfer of a business on account of merger, de-merger, sale, or otherwise, GST registration can be canceled.
  5. Others: Non-compliance with GST rules, failure to file returns, or any other specific reasons can also lead to the cancellation of registration.

 

Step-by-step Process to Cancel GST Registration in 2024

Cancelling GST registration online involves a systematic process, which can be done online through the GST portal. Here's a detailed guide:

Step 1: Login to the GST Portal

  • Visit the official GST portal at [gst.gov.in] (https://www.gst.gov.in/).
  • Log in using your GSTIN (GST Identification Number) and password.


Step 2: Navigate to Cancellation of Registration.

  • Once logged in, go to the ‘Services’ tab.
  • Under ‘Registration’, select the option ‘Application for Cancellation of Registration’.

 

Step 3: Fill in the Details

  • You'll be directed to a new page where you need to provide a reason for cancellation.
  • Depending on the reason selected, the portal may ask for additional details such as the date of cancellation, value of stock, and details of input tax credit (ITC) available.

 

Step 4: Upload supporting documents

  • Upload any necessary documents to support your application. This could include the closure certificate, partnership deed, or other relevant documents depending on the reason for cancellation.

 

Step 5: Verification and Submission

  • Verify the details entered and submit the application using your Digital Signature Certificate (DSC) or e-signature.
  • After submission, a message will be displayed on the screen confirming that the application has been successfully submitted.

 

Step 6: Track Application Status

  • You can track the status of your cancellation application by navigating to the ‘Track Application Status’ option under the ‘Services’ tab.

 

Post-Cancellation Compliance

Even after canceling GST registration, certain compliances must be followed:

  • Final Return (Form GSTR-10): The taxpayer must file a final return within three months from the date of cancellation or the date of the cancellation order, whichever is later. This return includes details of all stock held by the taxpayer on the date of cancellation.
  • Pending Liabilities: Any pending liabilities must be cleared before the final return is filed. The taxpayer must ensure that there are no pending taxes, penalties, or interest.

 

Revocation of GST Registration Cancellation

In cases where the tax authorities have canceled the GST registration, the taxpayer can apply for revocation. The application for revocation must be filed within 30 days from the date of the cancellation order. The process involves:

  • Submitting an Application: Log in to the GST portal and submit the application for revocation under ‘Services’ > ‘Registration’ > ‘Application for Revocation of Cancelled Registration’.
  • Providing Justification: The taxpayer must provide a valid reason for the revocation and ensure that all pending returns are filed.
  • Approval or Rejection: The tax authorities will review the application and either approve or reject it based on the justification provided.

For any enquiry consult leading legal advisor GST Registration in Gurgaon


Common Mistakes to Avoid During GST Registration Cancellation

  • Not Filing the Final Return: Failing to file the final return can lead to penalties and legal complications.
  • Ignoring Pending Liabilities: Ensure that all pending liabilities are cleared before applying for cancellation.
  • Incorrect Information: Providing incorrect or incomplete information can delay the cancellation process or lead to rejection of the application.

 

Conclusion

Cancelling GST registration online is a significant decision that must be taken after careful consideration of all the legal and financial implications. Whether it’s due to the closure of a business, a change in structure, or falling below the turnover threshold, it’s essential to follow the correct procedure to avoid any legal complications. The step-by-step guide provided in this article should help you navigate the process smoothly. Remember, even after cancellation, certain compliances must be followed, such as filing the final return and clearing pending liabilities.

If you are uncertain about any part of the process, it’s advisable to consult with a tax professional or legal advisor to ensure that everything is handled correctly. Proper compliance with GST rules not only helps in smooth business operations but also avoids potential penalties and legal issues in the future.

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