GST cancellation refers to the process of legally terminating a registered taxpayer’s GST identification number (GSTIN), effectively removing the business from the GST framework. A cancellation can either be initiated by the taxpayer voluntarily or enforced by authorities due to non-compliance with GST regulations.
Reasons for Legal Enforcement:
- Non-filing of GST Returns: If a taxpayer under the regular scheme has not filed GST returns for six consecutive months.
- Composite Scheme Returns: If a taxpayer registered under the composite scheme has failed to submit GST returns for three consecutive months.
- Inactive Business: No business activity initiated within six months of obtaining GST registration.
- Fraudulent Registration: If GST registration was obtained through deceptive or illegal means, the certificate will be revoked with retrospective effect.
- GST Non-payment: If any tax evasion or intentional avoidance of GST payments is discovered, legal action is initiated, leading to cancellation.
- Violation of Norms: Breaching rules under the CGST Act of 2017 results in statutory cancellation.
Voluntary Cancellation: Taxpayers may voluntarily apply for GST cancellation for the following reasons:
- Accidental GST Registration: If registered inadvertently, leading to unnecessary tax liabilities.
- Turnover Below Threshold: If an individual’s turnover is below ₹20 lakhs, they may opt for cancellation to avoid undue tax obligations.
- Business Dissolution/Amalgamation: A GST cancellation is necessary to prevent receiving tax notices after the business is closed or merged.
- Exemption After Rule Changes: If changes in GST thresholds make the taxpayer exempt, they can cancel their registration.
- Ownership Transfer: In case of a business takeover, the previous GST registration must be surrendered to prevent liability under the former owner’s name.
Process:
- Online Details Submission: Provide GST details and reasons for cancellation.
- Consultation: Seek advice from a business consultant on the cancellation process.
- Assignment: After placing the order, a professional will be assigned to handle the process.
- Form Submission: The professional will file Form GST REG-16 with the relevant authorities.
- Acknowledgment: Upon successful submission, an acknowledgment will be provided.
- Final Cancellation: Once the details are verified, the GST status will be officially marked as ‘canceled.’