Sec 29 – Cancellation of registration

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Sec 29 – Cancellation of registration 2017-04-14T14:08:48+00:00

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  • Ashish BadalaCA Ashish Badala
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    (1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,–
    (a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
    (b) there is any change in the constitution of the business; or
    (c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under section 22 or section 24.
    (2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,–
    (a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or
    (b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
    (c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or
    (d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or
    (e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts:
    Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard.
    (3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation.
    (4) The cancellation of registration under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of registration under this Act.
    (5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed:
    Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher.
    (6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed.

    Priya MadrechaPriya Madrecha
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    29.1 Analysis
    Any Registration granted under this Act may be cancelled by the Proper Officer; the various circumstances and the provisions of the law on this subject have been outlined under this section.
    A registration granted can be cancelled when –
    —  the business is discontinued, transferred fully for any reason including death of proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
    —      there is any change in the constitution of the business; or
    —      the taxable person is no longer liable to be registered under Section 22.
    This is possible after the person is afforded an opportunity of being heard (except no such opportunity need to Be Provided in case the application is filed by the registered taxable person or his legal heirs, in the case of death of such person, for cancellation of registration) when –
    —  the registered taxable person has contravened such provisions of the Act or the rules made there under as may be prescribed; or
    —  a person paying tax under Composition Scheme has not furnished returns for three consecutive tax periods; or
    —  any taxable person who has not furnished returns for a continuous period of six months; or
    —      any person who has taken voluntary registration and has not commenced business
    within six months from the date of registration; or
    —  Where registration has been obtained by means of fraud, wilful misstatement or suppression of facts.
    As such, cancellation of registration, shall not affect the liability of the taxable person to pay tax and other dues under the Act for any period prior to the date of cancellation whether or not such tax and other dues are determined before or after the date of cancellation. The cancellation of registration under State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a cancellation of registration under the Central Goods and Service Tax Act.
    Where the registration is cancelled, the registered taxable person shall pay an amount equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher. The payment can be made by way of debit in the electronic credit or electronic cash ledger.
    In case of capital goods, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods reduced by the prescribed percentage points or the tax on the transaction value of such capital goods [under sub-section (1) of section 15 (Value of Taxable supply) of Act], whichever is higher. The amount payable under these provisions shall be calculated in accordance with generally accepted accounting principles.

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