Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16
25/2018-GST Dated:- 29-10-2018 Assam SGST
GST – States
GOVERNMENT OF ASSAM
OFFICE OF THE COMMISSIONER OF TAXES, ASSAM KAR BHAWAN
DISPUR, GUWAHAT1-6
CIRCULAR NO. 25/2018-GST
Dated Dispur the 29th October, 2018.
Subject : Reg.
No. CT/GST-15/2017/196. – Various representations have been received seeking clarifications on various issues in relation to processing of the applications for cancellation of registration filed by taxpayers in FORM GST REG-16. In order to clarify these issues and to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner, in exercise of its powers conferred by section 168 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the “Assam GST Act”), hereby clarifies the issues as detailed hereunder:
2. Section 29 of the Assam GST Act, read with rule 20 of the Assam Goods and Services Tax R
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ness may be transferred/disposed over a period of time in a piece meal fashion. In such cases, the 30-day deadline may be liberally interpreted and the taxpayers' application for cancellation of registration may not be rejected because of the possible violation of the deadline.
4. While initiating the application for cancellation of registration in FORM GST REG-16, the Common portal captures the following information which has to be mandatorily filled in by the applicant:
a. Address for future correspondence with mobile number and email address;
b. Reason for cancellation;
c. Date from which cancellation is sought;
d. Details of the value and the input tax/tax payable on the stock of inputs, inputs contained in semi-finished goods, inputs contained in finished goods, stock of capital goods/plant and machinery;
e. In case of transfer, merger of business, etc., particulars of registration of the entity in which the existing unit has been merged, amalgamated, or transferred (includi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
In all cases other than those listed at (a) and (b) above, the application for cancellation of registration should be immediately accepted by the proper officer and the order for cancellation should be issued in FORM GST REG-19 with the effective date of cancellation being the same as the date from which the applicant has sought cancellation in FORM GST REG-16. In any case the effective date cannot be a date earlier to the date of application for the same.
6. In situations referred to in (a) or (b) in para 5 above, the proper officer shall inform the applicant in writing about the nature of the discrepancy and give a time period of seven working days to the taxpayer, from the date of receipt of the said letter, to reply. If no reply is received within the specified period of seven working days, the proper officer may reject the application on the system, after giving the applicant an opportunity to be heard, recording reasons for rejection in the dialog box that opens once the 'Reject
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
later. The purpose of the final return is to ensure that the taxpayer discharges any liability that he/she may have incurred under sub-section (5) of the section 29 of the Assam GST Act. It may be noted that the last date for furnishing of FORM GSTR-10 by those taxpayers whose registration has been cancelled on or before 30.09.2018 has been extended till 31.12.2018.
8. Further, sub-section (5) of section 29 of the Assam GST Act, read with rule 20 of the Assam GST Rules states that the taxpayer seeking cancellation of registration shall have to pay, by way of debiting either the electronic credit or cash ledger, the input tax contained in the stock of inputs, semi-finished goods, finished goods and capital goods or the output tax payable on such goods, whichever is higher. For the purpose of this calculation, the stock of inputs, semi-finished goods, finished goods and capital goods shall be taken as on the day immediately preceding the date with effect from which the cancellation has
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
t available, then the difference shall be paid by him/her in cash. It is reiterated that, as stated in sub-section (3) of section 29 of the Assam GST Act, the cancellation of registration does not, in any way, affect the liability of the taxpayer to pay any dues under the GST law, irrespective of whether such dues have been determined before or after the date of cancellation.
9. In case the final return in FORM GSTR-10 is not filed within the stipulated date, then notice in FORM GSTR-3A has to be issued to the taxpayer. If the taxpayer still fails to file the final return within 15 days of the receipt of notice in FORM GSTR-3A, then an assessment order in FORM GST ASMT-13 under section 62 of the Assam GST Act read with rule 100 of the Assam GST Rules shall have to be issued to determine the liability of the taxpayer under subsection (5) of section 29 on the basis of information available with the proper officer. If the taxpayer files the final return within 30 days of the date of serv
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
d amendment is to ensure that a taxpayer is freed from the routine compliances, including filing returns, under GST Act during the pendency of the proceedings related to cancellation. Although the provisions of Assam GST (Amendment) Act, 2018 have not yet been brought into force, it will be prudent for the field formations not to issue notices for non-filing of return for taxpayers who have already filed an application for cancellation of registration under section 29 of the Assam GST Act. However, the requirement of filing a final return, as under section 45 of the Assam GST Act, remains unchanged.
12. It may be noted that the information in table in FORM GST REG-19 shall be taken from the liability ledger and the difference between the amounts in Table 10 and Table 11 of FORM GST REG-16.
13. This Circular is clarificatory in nature and not meant for any interpretation of provisions of the Act and rules.
14. Difficulties, if any, in implementation of the above instructions may be b
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
