GST Cancellation

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GST Cancellation Guide

Introduction

Goods and Services Tax (GST) is a comprehensive, multi-stage, destination-based tax that is levied on every value addition. While registering for GST is mandatory for businesses with a turnover exceeding the specified threshold, there are instances where GST registration might need to be canceled. This guide provides detailed information on the procedure, documentation, and important considerations for canceling GST registration in India.

Procedure for GST Cancellation

1. Who Can Apply for Cancellation?

GST registration can be canceled by:

  • The registered taxpayer
  • The legal heirs in case of death of the registered person
  • The GST officer, under certain circumstances

2. Reasons for GST Cancellation

Some common reasons for GST cancellation include:

  • Discontinuation of business
  • Transfer of business due to merger, demerger, sale, or any other reason
  • Change in the constitution of business
  • Taxable turnover falls below the threshold limit
  • Voluntary cancellation by a registered person not required to be registered under GST

3. Steps to Apply for GST Cancellation

Step 1: Login to GST Portal

Visit the GST portal (www.gst.gov.in) and log in with your credentials.

Step 2: Navigate to Cancellation Application

Go to the ‘Services’ tab, then ‘Registration’ and select ‘Application for Cancellation of Registration’.

Step 3: Fill in the Details

  • Reason for Cancellation: Select the appropriate reason for cancellation.
  • Date of Discontinuation: Enter the date when the business was discontinued or when the reason for cancellation took place.
  • Details of the Last Return Filed: Provide details of the last return filed under GST.

Step 4: Verification and Submission

Verify the application using a Digital Signature Certificate (DSC) or Electronic Verification Code (EVC) and submit it.

Step 5: ARN Generation

An Application Reference Number (ARN) will be generated upon submission. This can be used to track the status of the cancellation application.

Documentation Required for GST cancellation

The following documents may be required for GST cancellation:

  1. Proof of Business Discontinuation: Documents evidencing the closure of business or transfer of business.
  2. Copy of Last Filed GST Return: Proof of the last GST return filed.
  3. Bank Account Details: Latest bank account statement.
  4. Identity Proof: Identity proof of the authorized signatory.
  5. Address Proof: Proof of address of the place of business.

Post-Cancellation Obligations

Even after the GST registration is canceled, there are certain obligations that the taxpayer must fulfill:

  1. File Final Return (GSTR-10)

A registered taxpayer whose registration has been canceled must file a final return in Form GSTR-10 within three months of the date of cancellation or the date of order of cancellation, whichever is later. This is to ensure that the taxpayer has no liabilities or dues pending under GST.

  1. Settlement of Pending Dues

Ensure that all pending dues and tax liabilities are settled before applying for cancellation.

  1. Maintain Records

Maintain records of business transactions for a period of 6 years from the date of cancellation. This is necessary as the GST department may require these records for future reference or audit purposes.

Important Considerations

  • Voluntary Cancellation: Taxpayers who opted for voluntary registration cannot apply for cancellation before one year from the date of registration.
  • Pending Refunds: Ensure all claims for refunds are made before applying for cancellation.
  • Revocation of Cancellation: In case the GST officer cancels the registration suo moto, the taxpayer can apply for revocation of cancellation within 30 days from the date of the cancellation order.

Conclusion

Canceling GST registration involves a systematic procedure that ensures the closure of a business’s GST obligations. By following the correct steps and providing the necessary documentation, taxpayers can efficiently manage the process. For further assistance or clarification, it’s advisable to consult a tax professional or refer to the official GST portal.