You can cancel your GST registration at any time. If you are not in compliance with the GST Rules and Regulations, tax authorities may cancel your GST registration. The Madras High Court's recent ruling states that GST Registration cannot be cancelled for non-filing GST Returns. This article explains the latest information about GST Registration cannot be cancelled for non-filing GST Returns.
What is GST cancellation?
GST Cancellation means that the taxpayer will not be registered under GST. The taxpayers won't be able pay or collect GST. Input tax credits under GST will also not be available to the taxpayer. In addition, the taxpayer's GSTIN (GST Number), will be invalid and will no longer be eligible to file GST Return Filing.
In the event of GST cancellation, taxpayers who are required to obtain GST registration will be unable to run their businesses. They will need to file Recoil of Cancellation of GST Registration and activate again their GSTIN.
What is the reason for an officer to suspend or terminate GST registrations?
In the following cases, an officer may suspend or terminate GST registration
- The Registered Entity is not a business entity.
- The taxpayer issues invoices and bills, but not the goods or services.
- Taxpayer doesn't get the Input Tax Credit, or violates any Anti-Profiteering Provisions
- To discharge more than 99 per cent of a taxpayer's tax obligation for a violation under Rule 86B, you can use ITC from an electronic Credit Leger.
- For more than two consecutive months, a taxpayer must not file GST returns, particularly GSTR-1 and GSTR-3B. For those who have chosen the QRMP scheme under GST Registration, one quarter.
- Contravening the restrictions and norms of Section 16 of Act, business uses the input tax credit.
Madras Court Verdict: GST Registration cannot be cancelled
After carefully considering the arguments of both sides in Suguna Cutpiece Center vs. The Hon'ble Court ruled that the Appellate Commissioner (ST) (GST), evidence presented and documents filed were all valid.
- My opinion is that the challenged orders are vulnerable to being overturned. They also have very limited protections because it won't stop people such as petitioners from restoring registration and reintegrating into commerce.
- Even if the petitioners are reregistered, there are enough provisions in the GST laws to be used against them.
- The government also needs tax revenue to pay its expenses. These petitioners are excluded from the GST scope. This gives them an unanticipated privilege not to pay GST.
- These petitioners are entitled to rejoin the GST system and have their GST registration activated once more. They can also file a GST return for the period before the cancellation of their registration.
Conclusion
For non-filing GST returns, taxpayers may be able to recover a canceled GST Registration. The taxpayer will need to undergo a complex process of cancelling the canceled GST registration. The taxpayers will also be subject to heavy penalties, fines and interest. It is important to file GST Return Filing in a timely and correct manner.
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GST Registration OnlineAs per GST jurisdiction, any business operations whose annual turnover exceeds Rs 40 lakhs must register as a separate taxable provision.
As per GST jurisdiction, if you're doing any business without GST registration, it's considered an offense.GST or Goods and Service Tax - One Nation One TaxBeing the biggest tax reform in India, GST levied on the goods and services which includes both the Central taxes (CST, Service Tax, Excise Duty) and State taxes (VAT, Entertainment Tax, Luxury Tax, Octroi).
This will help the buyer in touch only GST which is charged by the last dealer within the chain of trade and provide .As per GST Regime, any business operation whose annual turnover is exceeding quite Rs.40 lakh is required to register as a traditional taxable individual.
However, there's an exclusion for hill states and North East, the annual turnover is exceeding quite Rs.20 Lakh for them.To obtain GST Registration Online is mandatory for all types of businesses whose turnover comes under the above-mentioned criteria.
If a business entity carries any business activities without GST registration, it will be conceived as a punishable offense and the business and its owner will be liable to pay heavy penalties and legal issues.Who is eligible for GST Registration Online?The person who is registered under Pre-GST law such as Excise, VAT, Service Tax Businesses that hold turnover exceeding more than Rs.
20 Lakh for the North Eastern States, Himachal Pradesh, Jammu and Kashmir, and Uttarakhand.
Flexibility within the systems via online regime makes the GST registration online very easy by following the certain easy steps altogether in one go.
GST registration is mandatory for the holder whose turnover is quite 20 lakh.After making the appliance online, the business applicant will get the unique GSTIN number which GSTIN along side logins credential is employed at every moment of business which will be for return filing, generation of bill and invoice by taking everything into consideration GSTIN is important at every stage of GST filings with the assistance online common GST portal.The GST system is so efficient and comprehensive because it includes much taxation into it for the graceful functioning of the taxation everywhere India with the assistance of a standard GST portal.HOW TO GET NEW GST NUMBER REGISTRATION IN INDIAThe government of India doesn't charge any fee for the aim of GST Registration under the products and Services Tax (GST) regime, individuals and entities registering for GST through the web registration process are required to pay a fee for the services availed from professionalsStep 1: While accessing the GST portal, click the link as prescribed.Step 2: While clicking the services tab there are three options which will be open within the drop-down manner named Registration, Payment, and User Services.Step 3: While clicking the Registration tab will open more options.Step 4: After registration you would like to click New Registration and then forms are going to be open within the same window.Step 5: Taxpayer/GST Practitioner/Tax Deductor and State/UT and District, Name of the Pan holder that GST is applying alongside email and mobile number got to fill within the application of the GST registration and then got to click the proceed button for further processing.Step 6: Mobile number and email will get the OTP after clicking the proceed and wish to enter the OTP received and continue further.Step 7: TRN are going to be provided by the Provisional GST number department on the screen alongside on email id and mobile number and wish to save lots of the TRN for future requirements.BENEFITS OF GST NUMBER REGISTRATION :Easy to access via common GST portal – because the GST portal is straightforward to access by the commoner thanks to which he can track and file himself all the returns and compliance.Compliance is a smaller amount as many income taxes are in one – because it sums up all the taxation in one in order that working are going to be smooth.Improved efficiency of the GST – All the tax in one makes the person access the small print from one portal only.Organized sector of taxation – No ambiguity within the system makes it very useful.GST helps in reducing corruption from the system.Registration will confer the subsequent advantages to a taxpayer: he's legally recognized as supplier of products or services.
he's legally authorized to gather tax from his customers and expire the credit of the taxes paid on the products or services supplied to the purchasers/ recipients.The above process is explained briefly the necessity of GST registration, also to Apply GST Registration Online.
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India has followed a dual GST structure, during which both states and central government impose tax/Fees on goods and/or services.The taxpayer or the business that obtains GSTIN implies it to gather and pay GST on their business dealings or supplies i.e., purchases, to form it clear i.e., sales and claim GST input decrease on the inward goods and services.
Basically, the kinds of GST Registration Cost depend upon the kinds of the business.
Following are the three sorts of GST which has been implemented within the country:SGST: The State Goods and Services Tax is levied by the government .CGST: The Central Goods and Services Tax is levied by the central government of India.IGST: The Central Goods and Services Tax is levied by both state and central government together, under the central government.UTGST: The Union Territory Goods and Services Tax is imposed on the Intra UT supply of goods and servicesAs per the new tax regime, tax will be deducted in the name of GST at every point of sale.
Goods that are imported will fall into IGST as they're going to be considered as inter-state sales.The State Goods and Services Tax (SGST)SGST or State Goods and Services Tax is one of the two taxes which is imposed on business dealings of goods and services of every state.
This tax is levied by the government of each state, and it replaces all kinds of existing state tax like Entry Tax, Sales Tax, Entertainment Tax, VAT, and so on.
The IGST is imposed only the products and services are distributed from one state to a different for sales purposes.The Union Territory Goods and Services Tax (UTGST)UTGST is levied on the Intra UT supply of products and services.
