Revised Procedure for Approval of GST Registration Cancellation

Revised Procedure for Approval of GST Registration Cancellation

Revised Procedure for Approval of GST Registration Cancellation Applications Filed in FORM GST REG-16

The GST portal has introduced a revised mechanism for processing applications seeking cancellation of GST registration through FORM GST REG-16. The updated procedure incorporates automated system validations and facilitates cancellation through electronic approval, subject to compliance with the conditions prescribed under Rule 20 of the CGST Rules, 2017.

The key aspects of the revised cancellation procedure are explained below:

1. Verification of Pending Returns

Before accepting the cancellation application, the GST portal will verify whether all applicable returns required to be furnished up to the effective date of cancellation mentioned in FORM GST REG-16 have been duly filed.

The application can proceed only after the prescribed return-filing requirements are satisfied.

Further, where a taxpayer has furnished details of outward supplies through FORM GSTR-1 or the Invoice Furnishing Facility (IFF) for a particular tax period, the corresponding FORM GSTR-3B for that period must also be filed.

2. Application Status – Pending for Returns Filing

After completing the initial verification, the application may be placed under the status “Pending for Returns Filing” if certain returns relating to periods up to the effective date of cancellation are yet to be filed but their respective due dates have not expired.

In such cases, the taxpayer is required to furnish the outstanding returns within the applicable statutory due dates.

3. Failure to Furnish Returns Within Due Dates

If the taxpayer does not file the required returns within the prescribed timelines, the cancellation application will be referred to the jurisdictional tax officer for examination and further necessary action.

4. Processing of Application After Filing the Required Returns

Where the taxpayer successfully files all the required returns within the prescribed timelines, the application will be processed based on the category of registration and the applicable output tax liability.

A. Categories Eligible for Automatic Cancellation

For the following categories of taxpayers, registration cancellation will be approved electronically without requiring intervention by the jurisdictional tax officer:

  • Composition taxpayers
  • Non-Resident Taxable Persons (NRTPs)
  • Online Information and Database Access or Retrieval (OIDAR) service providers
  • Input Service Distributors (ISDs)

B. Regular, Casual and SEZ Taxpayers

For regular taxpayers, casual taxable persons and Special Economic Zone (SEZ) taxpayers, the GST portal will examine the output tax liability (OTL) for each relevant tax period.

The subsequent procedure will depend on the amount of output tax liability:

  • OTL up to ₹2.5 lakh per tax period: The cancellation application will be approved electronically without any intervention by the tax officer.
  • OTL exceeding ₹2.5 lakh in any tax period: The taxpayer will be required to furnish the final return in FORM GSTR-10, wherever applicable, within three days from the due date of the returns identified under the “Pending for Returns Filing” stage.Where the application does not pass through the “Pending for Returns Filing” stage, the three-day period will be counted from the date on which the cancellation application was submitted.In such cases, the application will be moved to the “Pending for Final Return” status.

Further processing based on FORM GSTR-10:

  • FORM GSTR-10 filed within the prescribed period: The GST registration will be cancelled through electronic approval without requiring intervention by the tax officer.
  • FORM GSTR-10 not filed within the prescribed period: The application will be forwarded to the jurisdictional tax officer for further examination and appropriate action.

5. Filing of FORM GSTR-10 Where Cancellation Is Approved by the Tax Officer

If an application is referred to the jurisdictional tax officer due to non-compliance and the officer subsequently approves the cancellation of registration, the taxpayer will continue to be governed by the existing provisions for filing FORM GSTR-10.

Accordingly, wherever applicable, the taxpayer must furnish the final return within 90 days from the effective date of cancellation of registration, in accordance with the prescribed requirements.

Conclusion

The revised mechanism aims to streamline GST registration cancellation by introducing automated return verification and electronic approval for eligible taxpayers. It also establishes a systematic process for handling cases involving outstanding returns or higher output tax liabilities.

Taxpayers intending to cancel their GST registration should ensure that all applicable returns are filed within the prescribed timelines and that FORM GSTR-10 is furnished wherever required, to avoid referral of their applications to the jurisdictional tax officer and possible delays in cancellation.

Source

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