9911796707
TMI BlogProcessing of Applications for Cancellation of Registration submitted in FORM GST REG-16X X X X Extracts X X X X X X X X Extracts X X X X ..... to clarify these issues and to ensure uniformity in the implementation of the provisions of law across the field formations, l, Commissioner, in exercise of its powers conferred by section 168 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (hereinafter referred to as the JKGST Act ), hereby clarifies the issues as detailed hereunder: 2. Section 29 of the JKGST Act, read with rule 20 of the Jammu and Kashmir Goods and Services Tax Act, 2017 (hereinafter referred to as the JKGST Rules ) provides that a taxpayer can apply for cancellation of registration in FORM GST REG-16 in the following circumstances: a. Discontinuance of business or closure of business; b. Transfer of business on account of amalgamat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ock 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 (including the copy of the order of the High Court / transfer deed); f) Details of the last return filed by the taxpayer along with the ARN of such return filed. On successful submission of the cancellation application, the same appears on the dashboard of the jurisdictional officer. 5. Since the cancellation of registration has no effect on the liability of the taxpayer for any acts of commission/omission committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he applicant an opportunity to be heard, recording reasons for rejection in the dialog box that opens once the Reject' button is chosen. If reply to the query is received and the same on examination is found satisfactory, the Proper Officer may approve the application for cancellation and proceed to cancel the registration by issuing an order in FORM GST REG-19. If reply to the query is found to be not satisfactory, the Proper Officer may reject the application for cancellation on the system, after giving the applicant an opportunity to be heard. The Proper Officer must also record his reasons for rejection of the application in the dialog box that opens when the 'Reject' button is chosen. 7. Section 45 of the JKGST ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equirement to debit the electronic credit and/or cash ledger by suitable amounts should not be a prerequisite for applying for cancellation of registration. This can also be done at the time of submission of final return in FORM GSTR-10. In any case, once the taxpayer submits the application for cancellation of his/her registration from a specified date, he/she will not be able to utilize any remaining balances in his/her electronic credit]cash ledgers from the said date except for discharging liabilities under GST Act upto the date of filing of final return in FORM GSTR.10. Therefore, the requirement to reverse the balance in the electronic credit ledger is automatically met. In case it is later determined that the output tax liability of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Return - FORM GSTR-9 / FORM GSTR-9A / FORM GSTR-9C), section 45 (Final Return - FORM GSTR-10) or section 52 (TCS Return -FORM GSTR-6). It is clarified that issuance of notice would not be required for registered persons who have not made any taxable supplies during the intervening period (i.e. from the date of registration to the date of application for cancellation of registration) and has furnished an undertaking to this effect. 11. It is pertinent to mention here that section 29 of the JKGST Act has been amended by the CGST (Amendment) Act, 2018 to provide for Suspension of registration. The intent of the said amendment is to ensure that a taxpayer is freed from the routine compliances, including filing returns, under GST A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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