You are aware of the fact that GST (Goods and service tax) has replaced indirect taxes like excise duty, VAT, service tax, etc. This act was passed in the parliament on 29th March 2017 and was effective from 1st July 2017. Our previous blog discussed GST, its procedure, and what happens when your GST gets rejected.
Click on the link above to read more.
Table of Contents
1. Overview
2. Revocation Of Cancellation Of GST Registration
3. The Time Limit For Revocation Of GST Registration
4. The Steps Involved To Apply For Revocation Of Cancelled GST
Registration
5. How To Apply For Revocation Of Cancellation Of GST Registration
Offline?
6. How To Go About The Form GST REG-24?
7. Rejection Of GST Revocation Application
8. Ineligible Applicants For Application For Revocation Of
Cancelled GST Registration
Now, what happens when the tax officer cancels the GST registration of a taxable individual? Is it possible for an individual to reverse this step? Yes, an individual can appeal for revocation of cancellation in GST to the officer within 30 days from the date of the cancellation order. You are required to follow the grounds of appeal for revocation of cancellation in GST registration, and this has been discussed in the blog. We understand that revocation is the official cancelling of a decision, and Revocation of cancellation of GST registration is the decision to cancel the registration has been reversed, and the registration is still valid.
The revocation of cancellation of GST registration can be done when the authorities cancel the GST certificate, and
if you have cancelled your certificate yourself, you cannot revoke it. Revocation of cancelled GST registration is
possible only if you appeal in the right format for revocation of cancellation in GST within the prescribed period.
You are required to file a form for revocation within 30 days of cancellation.
Section 30 of the CGST Act 2017, read along with Rule 23 of CGST Rules, provides for GST registration revocations.
Section 30(1) states that a registered individual whose registration has been cancelled by the
officer by his motion can apply to the officer for revocation of cancellation of the registration within the
prescribed period of 30 days from the date of service of the cancellation order.
Thus, a registered person can apply for revocation if the officer cancelled the registration due to the reasons
mentioned below :
(a) Contravened provisions of Act/rules made.
(b) The individual has not furnished returns for 3 consecutive tax periods.
(c) Any taxable person not furnished returns (other than composition) for a continuous period of 6
months.
(d) The voluntarily registered person has not commenced business within 6 months from the date of
registration.
(e) Registration has been obtained through fraud, willful misstatement, or suppression of facts.
The first Provision to Section 30(1): The Additional Commissioner or the Joint Commissioner, on adequate reasons being shown, and for reasons to be recorded in writing, can extend the application submission for revocation in GST for a period not exceeding 30 days.
Second Proviso to Section 30(1): The Commissioner, on sufficient reasons provided and for reasons recorded in writing, can extend the GST revocation period for a further period not exceeding 30 days.
Rule 23: The registered individual can apply for revocation of cancellation of registration in FORM GST REG -21 to the concerned officer within 30 days from the date of the order of cancellation of registration at the common portal.
A registered taxable individual can apply for revocation of cancellation of registration within 30 days from the date of service of the order. The application for revocation can be made only when the registration has been cancelled by the proper officer. It cannot be used when GST registration was cancelled voluntarily by a taxpayer.
The application for GST cancellation revocation process can be made both online and offline. You might wonder how to file an appeal for revocation of GST registration.
GST registration revocation process online
The registered person who is opting for revocation of GST registration online needs to follow the below procedure.
1. Log on to the Goods and Service Tax portal.
2. Enter the registered username and password.
3. In the GST Dashboard, select services, select registration and then choose the application for revocation of cancelled registration.
4. Select applying for revocation of cancelled registration and enter the reason for revocation of GST registration cancellation. Choose the appropriate file that has to be attached for any supporting documents. You need to select the verification checkbox, select the name of the authorized signatory, and fill up the place filed box.
5. Select the Verification Checkbox.
6. Choose the name of the authorized signatory in Name of Authorized Signatory drop-down.
7. Enter the place from where the application is being filled, in the Place field.
8. You have the option to save the application form and retrieve it later.
9. Click the Submit with DSC (select the registered DSC from the emSigner pop-up screen and then proceed from there accordingly) or the Submit with EVC button(Enter the OTP you received and click the Validate OTP button).
10. The GST Portal will send you a confirmation message on your registered mobile phone number and e-mail-ID.
11. The next step involves the concerned Tax Official reviewing the application and making a decision accordingly.
Below is the offline process of revocation of GST registration.
The registered individual should submit the FORM GST REG-21 application for the Revocation of Cancellation of Registration under GST directly or through a facilitation centre notified by the Commissioner. In order to appeal for revocation of cancellation in the GST letter, you can download Form GST REG-21 from the GST portal. You are required to submit this application within 30 days from the date of service of the cancellation order in the Common Portal.
The authorized officer will revoke the cancellation of the registration when valid reasons are judged through the Act.
The officer will respond with FORM GST REG-22 within 30 days from the date of receipt of the revocation application. The officer records the details in writing.
Suppose the GST officer isn't satisfied with the revocation application; he must issue a notice in FORM GST REG-23 before rejecting it. The applicant should furnish a satisfactory reply in the FORM GST REG-24 within 7 working days from the day of issue of the notice. Upon receiving a response from the applicant, the officer will pass an appropriate order in FORM GST REG-05. He will do this within 30 days from the date of receipt of the reply from the applied individual.
An individual should file a reply in Form GST REG-24 within 7 working days from the date of receiving the notice in Form GST REG-23.
The Form REG-24 contains the below information:
1. Reference Number and Date of the Notice.
2. Reference Number and Date of the Application.
3. GSTIN (If applicable)
4. Details of Information: The taxable person demands reasons for the revocation.
5. List of attached/filed documents.
The tax officer verifies the reply in Form GST REG-24.
Once the officer is satisfied, he will issue the order for the revocation of GST registration in the Form GST REG-22
within 30 days from the date of getting a reply in form GST REG-24.
If the officer is not satisfied, he will reject the application by issuing an order in Form GST REG-05.
The GST officer will issue a notice in FORM GST REG-23 if he isn't satisfied with the application for revocation of cancellation of registration GST. Upon receiving the notice from the concerned officer, the applicant should appeal against the GST registration cancellation order with a satisfactory response in FORM GST REG-24 in 7 working days from the date of issue of notice. On receiving a suitable reply from the applicant as the revocation reason in GST, the officer should pass an order in FORM GST REG-05 in 30 days from the date of receipt of a reply from the individual.
The following individuals cannot apply for the procedure for revocation of cancelled GST registration:
UIN Holders (i.e. UN Bodies, Embassies and Other Notified Persons)
GST Practitioners
If the registration is cancelled by the taxpayer or their legal heir
We at ADCA are committed to helping you with all your GST related queries.
1. Appeal format for revocation of cancellation in GST
GST registration revocation process online The registered person opting for revocation of GST registration online needs to follow the below procedure.
1. Log on to the Goods and Service Tax portal.
2. Enter the registered username and password.
3. In the GST Dashboard, select services, select registration and then choose the application for revocation of cancelled registration.
4. Select applying for revocation of cancelled registration and enter the reason for revocation of GST registration cancellation. Choose the appropriate file that has to be attached for any supporting documents. You need to select the verification checkbox, select the name of the authorized signatory, and fill up the place filed box.
5. Select the Verification Checkbox.
6. Choose the name of the authorized signatory in Name of Authorized Signatory drop-down.
7. Enter the place from where the application is being filled, in the Place field.
8. You have the option to save the application form and retrieve it later.
9. Click the Submit with DSC (select the registered DSC from the emSigner pop-up screen and then proceed from there accordingly) or the Submit with EVC button(Enter the OTP you received and click the Validate OTP button).
10. The GST Portal will send you a confirmation message on your registered mobile phone number and e-mail-ID.11. The next step involves the concerned Tax Official reviewing the application and making a decision accordingly.
2. How to file an appeal for revocation of GST registration?
GST registration revocation process online The registered person opting for revocation of GST registration online needs to follow the below procedure.
1. Log on to the Goods and Service Tax portal.
2. Enter the registered username and password.
3. In the GST Dashboard, select services, select registration, and then choose the application for revocation of cancelled registration.
4. Select applying for revocation of cancelled registration and enter the reason for revocation of GST registration cancellation. Choose the appropriate file that has to be attached for any supporting documents. You need to select the verification checkbox, select the name of the authorized signatory, and fill up the place filed box.
5. Select the Verification Checkbox.
6. Choose the name of the authorized signatory in Name of Authorized Signatory drop-down.
7. Enter the place from where the application is being filled, in the Place field.
8. You have the option to save the application form and retrieve it later.
9. Click the Submit with DSC (select the registered DSC from the emSigner pop-up screen and then proceed from there accordingly) or the Submit with EVC button(Enter the OTP you received and click the Validate OTP button).
10. The GST Portal will send you a confirmation message on your registered mobile phone number and e-mail-ID.11. The next step involves the concerned Tax Official reviewing the application and making a decision accordingly.
3. What are the reason for revocation of cancellation?
Revocation of cancelled GST registration is possible only if you appeal in the right format for revocation of cancellation in GST within the prescribed period. You are required to file a form for revocation within 30 days of cancellation.
4. How to renew cancelled GST registration?
A taxpayer can fill the form GST REG -21 if the proper officer cancels their registration can apply for reversal of such cancellation. GST REG-21 has to be filed within 30 days of receiving the notice for the cancellation of GST registration.
5. What are the procedure for revocation of cancelled GST registration?
The registered person opting for revocation of GST registration online must follow the procedure below.
1. Log on to the Goods and Service Tax portal.
2. Enter the registered username and password.
3. In the GST Dashboard, select services, select registration and then choose the application for revocation of cancelled registration.
4. Select applying for revocation of cancelled registration and enter the reason for revocation of GST registration cancellation. Choose the appropriate file that has to be attached for any supporting documents. You need to select the verification checkbox, select the name of the authorized signatory, and fill up the place filed box.
5. Select the Verification Checkbox.
6. Choose the name of the authorized signatory in Name of Authorized Signatory drop-down.
7. Enter the place from where the application is being filled, in the Place field.
8. You have the option to save the application form and retrieve it later.
9. Click the Submit with DSC (select the registered DSC from the emSigner pop-up screen and then proceed from there accordingly) or the Submit with EVC button(Enter the OTP you received and click the Validate OTP button).
10. The GST Portal will send you a confirmation message on your registered mobile phone number and e-mail-ID.11. The next step involves the concerned Tax Official reviewing the application and making a decision accordingly.
6. How do I revoke my GST registration after 180 days?
The GST registration can be revoked after 180 days of cancellation only by filing an appeal with the Commissioner GST of the specified area.
7. Can we revoke Cancelled GST registration?
The revocation of cancellation of GST registration can be done when the authorities cancel the GST certificate, and if you have cancelled your certificate yourself, you cannot revoke it. Revocation of cancelled GST registration is possible only if you appeal in the right format for revocation of cancellation in GST within the prescribed period. You are required to file a form for revocation within 30 days of cancellation.
8. What is the time limit for revocation of GST registration?
A registered taxable individual can apply for revocation of cancellation of registration within 30 days from the date of service of the order. The application for revocation can be made only when the registration has been cancelled by the proper officer. It cannot be used when GST registration was cancelled voluntarily by a taxpayer.
9. How do I write a revocation letter for GST?
An individual should file a reply in Form GST REG-24 within seven working days from the date of receiving the notice
in Form GST REG-23. The Form REG-24 contains the below information:1. Reference Number and Date of the Notice.2.
Reference Number and Date of the Application.3. GSTIN (If applicable)4. Details of Information: The taxable person
demands reasons for the revocation.5. List of attached/filed documents.
The tax officer verifies the reply in Form GST REG-24.
Table of Contents
1. Startups & Small Business Statistics In India
2. What Are The Eligibility Criteria For Startup Registration In India?
3. Benefits Of Startup India Scheme
4. Startup Company Registration Process In India
5. The online registration process of a startup in India
6. Documents required for a startup registration in India
7. How to check your startup India registration status
"The society we live in is blessed with an abundance of creativity & entrepreneurial spirit."
Having said this, with each passing hour, we are marching towards an AI-first world and this is a great time for tech startups to make their mark. The Venture Capital Firms & Investors are having a close eye towards all the novel ideas that can be turned into reality. As the new motto says - "Dream Big, Act Now."
In this blog, we will be discussing how to register a startup company in India.
A start-up company is defined as a company or a project initiated by an entrepreneur to seek, develop, and validate a scalable business model. Entrepreneurship refers to all new businesses, including self-employment and businesses that never intend to become registered, whereas startups refer to the new businesses that intend to grow large beyond the solo founder.
Did you know that India is the 3rd largest startup ecosystem in the world? India is expected to witness year-over-year (YoY) growth of a consistent 12-15%.
The Indian government defines a startup as an entity less than seven years young with an annual turnover of less than 250 million rupees and headquartered in India.
Our beloved PM Narendra Modi announced the Start-up India campaign in 2016 to promote and encourage entrepreneurship. This mainly revolves around financing, incorporation, tax exemptions etc, to ease the functioning of startups. With these benefits being provided by the Government, the majority of the start-ups have young owners, this shows the diversity and volumes of talents that India has.
Now that you have a better understanding of a startup, let us look into the Startup in India scheme.
According to the revised announcement on 23rd May 2017, an organization will be considered as a Startup, if it is incorporated in India as a private limited company (as defined in the Companies Act, 2013) or registered as a partnership corporation (registered under section 59 of the Partnership Act, 1932) or a limited liability partnership (under the Limited Liability Partnership Act, 2008).
An organization created by splitting up or reconstruction of existing commerce will not be considered a 'Startup'.
The following conditions must be fulfilled in order to be eligible as a Startup :
- Being incorporated or registered in India for less than seven years and for biotechnology startups up to 10 years from its date of incorporation.
- Annual turnover not exceeding Rs 25 crores in any of the preceding financial years.
- Aims to work towards innovation, development, deployment, or commercialization of new products, processes, or services driven by technology or intellectual property.
- It is not formed by splitting up or reconstructing a business already in existence.
- It must obtain certification from the Inter-Ministerial Board set up for such a purpose.
- It can be incorporated as a private limited company, a registered partnership firm, or a limited liability partnership.
The Indian Government has come up with various schemes to promote startups. The stated vision is to transform India from a nation of job seekers to job creators. To fulfil this vision the GOI has launched the scheme viz Startup India registration under DIPP (Department of Industrial Policy and Promotion) under the Ministry of Commerce and Industry.
This scheme supports Startups by providing various benefits to the registered entity. The benefits include financial as well as non-financial benefits. To register under this scheme the entity must fulfil the criteria specified.
The benefits include :
- Administrative and tax benefits.
- Capital gains exemption.
- Government help for startup funding.
Self- certification compliance framework with regard to labour and environmental laws. (startup's businesses would be excluded from any inspections of the place of business from up to 3-5 years.)
Qualified to incorporate 80% reduction in patent registration fees and 50% reduction in the trademark filing.
Benefited by free of cost legal help in conjunction with simplified entry and exit norms and protection of Intellectual Property Rights (IPR).
Read more → Startup India Tax Exemptions
The startup can be registered as:
Partnership Firm: To start a partnership firm, the parties have to draft a partnership deed where the terms and conditions of the partnership firm shall be mentioned. This partnership deed must be registered with the registrar of firms. We can assist you with partnership formation. Click below to know more https://adca.in/partnership-registration-bangalore.php
Limited Liability Partnership Firm: Limited Liability Partnership(LLP) as the name indicates, is a partnership firm with an additional feature of partner liability is limited. For income tax purposes LLPs and partnership firms are treated at par. The Ministry of Corporate Affairs is the registration authority for LLPs. For more details on LLP registration, click here. https://adca.in/llp-registration-bangalore.php
Private Limited Company: Private Limited Company is the most preferred structure for businesses that plan to grow big, get investments by way of equity, wish to offer sharing of ownership with employees by way of ESOP, wish to get FDI, etc. The major advantage of the Private Limited structure is the segregation of management from ownership. Directors form the management of the company, and Shareholders are the owners of the company.
1. Log on to Startup India Portal
2. Enter the required details
3. Enter the Details of Directors and Partners.
4. Upload the essential documents and Self-certification in the prescribed manner.
5. File the Incorporation/Registration certificate of the company.
- Memorandum of Association for Pvt. Ltd. / LLP Deed
- Board Resolution (If Any)
- Annual Accounts of the startup for the last three financial years
- Income Tax Returns for the last three financial years
Refer to your Dashboard on the Startup India Portal for the status of your application. This can be found on the top right of the page after you log in.
You can read more about startup registration here.
For any concerns related to the same, you can get in touch with us. Our team of experts will help you with the Startup Company Registration in Bangalore.
GST is an indirect tax that was formed to abolish several other indirect taxes in India, to create a single taxation regime for ease of collection and to increase the efficiency of the process. It is mandatory for businesses with an annual turnover of Rs. 40 Lakh and above. In the North East and Hill states, registration is compulsory for companies earning more than Rs. 10 Lakh yearly revenue.
In this blog we are going to consider cases, wherein after submission of a GST registration application, additional documents are requested or the GST Registration Application Rejected.
Table of Contents
1. Overview
2. How Are You Benefitted By Registering A Business Under GST?
3. Are you aware of the fact that there is a penalty for not registering under GST?>
4. Errors In Your GST Registration?
5. What happens if your GST registration is rejected?
6. How Do You Know The Reason For Your GST Registration Rejection?
7. Why Did Your GST Registration Application Get Rejected?
8. Is Your GST Registration Rejected? Worry Not! Here’s How You Can Download GST Registration Rejection Order
9. Cancellation Of Registration Under GST:
10. Revocation of Cancellation under GST
11. Why Revocation Of Cancelled GST Registration Is Necessary?
12. Steps To Re-Registration Under GST
But before that let’s discuss GST registration, its benefits, penalties associated, correct errors in GST registration, reregistration of GST.
GST eliminates the cascading effect of tax
Higher threshold for registration
Composition scheme for small businesses
The simple and easy online procedure
The number of compliances is lesser
Defined treatment for E-commerce operators
Improved efficiency of logistics
The unorganized sector is regulated under GST
Click here to read about GST registration process
You can read more about GST registration filing dates and the Authorised Representative Under GST
According to the section 122 of CGST Act, if you are a taxable person and you fail to register under GST, then you are legally bound as per the GST Act and you need to pay the following amount of penalty:
10,000 INR or amount of tax evaded whichever is higher.
For example:
Case 1: If you fail to obtain GST registration and the total tax evaded amounts to 30,000 INR, the penalty applicable is 30,000 INR
Case 2: If you fail to obtain GST registration and the total tax evaded amounts to 8,000 INR, the penalty applicable is 10,000 INR
If you have any mistakes or errors in GST registration, you can rectify it in the application for registration either at the time of registration or even afterwards. You must submit FORM GST REG-14 along with documents. The GST officer will verify and approve within 15 days in FORM GST REG-15.
But if there is any mistake in PAN, you will have to file for fresh registration in FORM GST REG-01. This is because the GSTIN number is based on the PAN.
You can reach out to us for any further assistance related to the corrections in your GST Registration
After submitting for the registration, you will receive the GST registration certificate within 10 working days. However, some applicants may require to provide additional documents to the GST department for further clarifications. In rare cases, the application for GST registration could also be denied.
After submission of your GST registration application along with the list of documents required, you will be provided with an acknowledgement.
You can use the ARN number (Acknowledgement Reference Number) as mentioned in the GST registration application acknowledgement to track the status of your application.
It normally takes about 7 working days for the provisional GSTIN to be provided and an additional 2 days for providing final GSTIN with GST registration certificate. If the processing officer approves the application, you will receive the GST registration certificate as a soft-copy.
Your GST application can get rejected only if required data is not filled accurately, inadequate proof of identity or address of premises and if your PAN card number is not matching.
If the GST registration application does not contain all the necessary documents or information, then the GST officer processing the application would issue a notice seeking additional information or clarification or documents.
In such a scenario, you can submit the required information or documents as cited by the GST Officer on the common portal before the date mentioned in the notice. The authorized officer will approve the application once satisfied with the information provided by you for the GST certificate. However, the authorized officer has the power to reject the application for the GST certificate, if you failed to provide all the required documents or if you fail to submit it on time.
The GST Officer cannot order for a personal hearing for issuing a new GST registration certificate. The GST officer shall communicate any information regarding the process of the application or any concerns regarding the registration only through the GST forms.
If you fail to provide any reply, or if the authorized officer is not satisfied with the reply or if you fail to reply well within the time, the processing officer can reject the application.
If the officer is not satisfied with the reply, he can reject the application and pass an order in FORM GST REG -05.
On rejection of a GST registration application, the GST Officer would issue a notice to the applicant. As per the GST regulations, the authorized officer should convey to you in writing along with the reasons for rejection.
You can download the GST registration rejection form
If you have applied for GST registration and your application got rejected, you will get a chance to reply to the rejection letter.
However, if you wish to apply for a new application then you would have to wait for a final rejection which will take around 10 days.
Once the application is fully rejected you can apply again.
You can access the GST Portal using your login credentials by clicking here
Click Services > Registration > Application for Revocation of Cancelled Registration option
Your GST registration can be cancelled for the below reasons :
1. Cancellation by Taxpayer
A taxpayer opts in for cancellation of registration on the grounds of:
Liability: GST registration is mandatory for every business exceeding the threshold limit. However, if the annual turnover of the business drops below the given threshold limit, the registered person can opt-in for GST cancellation.
Merger: The taxpayer has transferred or merged the business with another organization or vice versa). In this case, the transferee (or the new company from amalgamation/ demerger) has to get registration under GST.
Dissolution: The taxpayer has discontinued the business.
Constitution: There is a change in the constitution of the business
For cancellation, the taxpayer will have to submit an E-application in FORM GST REG-29 through the GST Portal. An authorised officer, upon proper enquiry, shall provide cancellation of the registration.
(Login to the GST Portal with your user-ID and password.
Then navigate to the Services > Registration > Application for Cancellation of Registration option.)
2. Cancellation by Legal Heirs
If a registered person is deceased, the family or the legal heir of the taxpayer can apply for cancellation of GST registration in FORM GST REG 16.
The legal heirs are required to provide the following details in FORM GST REG 16
Details of inputs, semi-finished, finished goods held in stock on the date on which cancellation of registration is applied;
Liability thereon;
Details of the payment.
3. Cancellation by Authorised Officer
An Authorised officer can cancel GST registration of a taxpayer if,
The registered person does not conduct business from the place as declared during registration.
The registered person issues invoices without any supply of Goods and/or Services.
The registered person violates anti-profiteering provisions
To cancel the registration of a given business, the authorised officer is required to follow the below-given process
Authorised notifies the concerned person by sending show cause notice in FORM GST REG -17
For any disagreement, the registered person is required to reply in FORM GST REG -18 within 7 days of issuance of the notice.
If the authorised officer finds the reply to be satisfactory, he can drop the proceedings and pass an order in FORM GST REG –20.
However, you fail to justify why your registration should not be cancelled, the authorized officer will issue an order in FORM GST REG-19. The order will be sent within 30 days from the date of reply to the show cause
In case of cancellation imposed by an authorized officer, you can apply for revocation of cancellation within 30 days from the date of the cancellation order.
The process you need to be aware of:
You can submit an application for revocation of cancellation through FORM GST REG-21 on the GST portal.
If the authorised officer is satisfied with the reason you provide, the registered office is required to,
1. Record the reasons for the revocation of cancellation of registration in writing.
2. Reverse the cancellation of registration.
3. Pass an order of revocation in FORM GST REG-22.
However, if the reason is not found satisfactory to the authorised officer, he can reject the application for revocation. The officer is required to order in FORM GST REG-05 and communicate the same.
Before rejecting, the proper officer must issue a show-cause notice in FORM GST REG–23 for you to show why the application should not be rejected. You must reply in FORM GST REG-24 within 7 working days from the date of the service of the notice.
The proper officer is required to take a decision within 30 days from the date of receipt of clarification in FORM GST REG-24.
If you don’t apply for revocation of cancellation, it shall be deemed to be a ‘deficiency’ within the meaning of rule 9 (2) of the Central Goods and Service Tax Rules, 2017 and can be considered as a ground for rejection of the application for fresh registration.
On the other hand, if you continue to trade goods and supplies with GST registration, it shall be considered as an offence under GST law and you shall be liable to heavy penalties.
In order to avoid application of fresh registration of businesses, who have had their registration cancelled by an officer, on account of non-compliance of the statutory provisions, CBIC (Central Board of Indirect Taxes and Customs)(released Vide circular no. 95/14/2019-GST dated March 28th, 2019, wherein the officials have clarified the consequence the taxpayer has to face in case of non-revocation of cancelled registration.
In cases where a registered taxpayer applies for another registration within the same state, the authorised officer is required to analyse whether existing registration continues or is being cancelled;
In case of cancelled registration, the further analysis shall commence on whether the registration is cancelled on account of violation of provisions of section 29 (2) (b) [composition dealer has not furnished returns for 3 consecutive tax period] or section 29 (2) (c) [registered taxpayer has not furnished returns for a continuous period of 6 months].
In case you need any further assistance regarding your GST application rejection, please feel free to get in touch with us. Our team of GST Consultants in Bangalore will do the required to ensure your GST application processes are further.
1. GST application rejected by tax officer what to do?
If the tax officer rejects your GST application, you will get a chance to reply to the rejection letter, but if you wish to apply for a new application, you would have to wait for the final rejection, which might take around ten days.
2. How to check GST registration rejection reasons?
If the tax officer rejects your GST registration application, he will issue a notice stating the reason for rejection, and you will get a chance to respond to the same.
3. How to apply for GST registration after rejection?
Once your GST registration is rejected, you will get a notice, and you can respond. If you wish to apply for new registration, you must wait for ten days and then apply.
4. Can we apply for GST registration after rejection?
Yes, you can apply for GST registration after rejection. You can either respond to the notice and submit the required documents accordingly or apply for a new GST registration
5. How to download GST registration rejection order?
In order to download the GST registration rejection order, using your login credentials, you can access the GST portal.
You can follow the procedure below to download the GST registration rejection order:
- Click Services
- Registration
- Application for Revocation of Cancelled Registration option
6. How to check order reference numbers in GST?
You can use the Acknowledgement Reference Number (ARN Number) mentioned in your GST registration application acknowledgement to track the status of your application.
7. How many times is the nil GST return acceptable?
There is no provision for limitation of filing a NIL GST Registration. It depends on the business activity in a month by the taxpayer. But filing a return can't be overlooked.
8. Can I activate a Cancelled GST registration after 90 days?
If registration is cancelled and the limit of 90 days has expired, you can apply for revocation of registration. You can prepare the appeal and fill out the application online. You can explain your circumstances to Commissioner. The decision will be taken by Commissioner based on circumstances.
9. Who approves GST registration?
When an individual provides proper information/documents with clarification, the proper officer grants the registration to the individual within seven working days from the date of the receipt of such clarification or information or documents.
10. What if GST returns is not filed for 6 months?
The GST officer might cancel your GST registration if you fail to file your GST for 6 continuous months.
1. Filing Of NIL GSTR 3B Through SMS
Section 16 of the CGST Act 2017 outlines the eligibility and conditions for taking Input Tax Credit (ITC). Every registered taxpayer is allowed to claim ITC on supplies used for business purposes. However, Section 17(5) of the CGST Act lists scenarios where ITC is restricted.
Understanding the reversal of ITC under GST is critical, especially when credit is availed but later becomes ineligible due to specific circumstances, as outlined in Section 17(5). This article will cover the conditions for ITC reversal, re-availment scenarios, and limitations.
Re-availment of reversed ITC is permissible under certain conditions. Although the CGST Act does not provide explicit rules for re-availment in case of ITC reversal as per Section 17(5), similar provisions exist under Section 16(2). Taxpayers can reclaim credit if the cause of reversal is resolved.
Legal Provisions and Circulars Guiding Re-Availment
Though the CGST Act is silent on specific provisions regarding the re-availment of reversed ITC under Section 17(5), general GST rules on ITC management apply. Taxpayers can refer to Rule 37 of the CGST Rules, 2017, which governs the reversal and re-availment of ITC under certain conditions.
Documentation Required for Re-Availing ITC
Maintaining detailed records of all transactions leading to the reversal and re-availment of ITC is essential. Important documentation includes:
Inventory records showing re-tracing of goods (if applicable)
Proof of payment for goods and services
Supporting documents proving eligibility for re-availment
The GST law stipulates a time limit for claiming ITC, as per Section 16(4), but this limit does not apply when re-availing credit that was previously reversed due to Section 17(5) conditions. Rule 37(4) of the CGST Rules confirms no specific time limit for re-availment in such cases. However, it is advisable to re-avail the credit immediately upon the event, which will nullify the reversal.
Several practical situations could lead to the re-availing of ITC that was reversed earlier:
Capital Goods Used Partially for Exempt and Taxable Supplies
If capital goods are initially used for exempt and taxable supplies but later solely for taxable purposes, the ITC reversed earlier can be re-availed.
Goods Lost, Stolen, or Disposed of After ITC Was Availed
If lost or stolen goods are subsequently traced and added back to inventory, the credit reversed under Section 17(5) can be re-availed.
Reversal and Re-Availment in Case of Ongoing Litigation
If ITC is reversed during litigation, it can be reclaimed once the litigation concludes favorably.
How to Report Re-Availment in GSTR-3B
When re-availing reversed ITC, taxpayers should report the re-availment in Table 4(A)(5) of GSTR-3B. This ensures the credit is correctly accounted for in the month the re-availment occurs.
Tips for Avoiding Common Mistakes During Re-Availment
Maintain Proper Documentation: Ensure all records supporting re-availment are updated.
File on Time: Even though there’s no strict time limit, re-avail ITC as soon as the cause of reversal is resolved.
Consult Experts: Engage a tax consultant to ensure compliance and avoid penalties.
Re-availing ITC affects GST returns and annual reconciliation. Failure to comply with the reversal and re-availment rules could result in penalties or interest charges.
Consequences of Incorrect or Unauthorized Re-Availment
Unauthorized re-availment can lead to scrutiny from the tax department, potential audits, and additional interest under Section 50 of the CGST Act.
Importance of Audit and Record-Keeping for Re-Availed ITC
Proper audit trails and document management are essential to avoid disputes with tax authorities regarding re-availed ITC.
Implications of Section 17(5) of the CGST Act
The blocked credit provisions under Section 17(5) prevent the misuse of ITC claims. Businesses must ensure that only eligible credit is availed or re-availed.
Understanding the rules around ITC reversal and re-availment under GST is vital for businesses to manage their tax liabilities efficiently. By following the correct procedure for re-availment of ITC reversed under Section 17(5) and keeping accurate records, taxpayers can ensure compliance and minimize disputes.
For expert tax advisory and planning services in Bangalore contact Anil D'Souza & Associates to manage your GST compliance effectively.
Calculating ITC reversal depends on the specific reasons and the type of inputs, input services, or capital goods involved. If inputs are used for taxable and exempt supplies, Rule 42 and Rule 43 of the CGST Rules provide a formula to reverse ITC for exempt supplies proportionately. The formula is:
ITC to be Reversed = (Exempt Turnover / Total Turnover) × Common ITC.
If the reversal is due to ineligible credits under Section 17(5) (blocked credits), the entire ITC availed on such goods or services must be reversed.
Under Section 17(5) of the CGST Act, certain ITC claims are blocked. Specifically:
Section 17(5)(c) restricts the claim of ITC on goods or services used for the construction of immovable property (excluding plant and machinery) on your account, even if its for business purposes.
Section 17(5)(d) disallows ITC on goods or services received for construction (other than plant and machinery) used for immovable property, whether its for personal or business use.
This provision aims to prevent the use of ITC on items meant for personal or capital expenditures that dont directly contribute to taxable supplies.
Yes, under certain conditions, ITC refunds can be claimed. Key circumstances include:
Zero-rated supplies: Exports or supplies made to SEZ units, where unutilized ITC can be claimed as a refund.
Inverted duty structure: When the input tax rate is higher than the tax rate on output supplies. Unutilized ITC may be refunded in such cases, though certain items are excluded. Refund applications must be filed through Form GST RFD-01 on the GST portal. However, ITC refunds are not allowed for ineligible credits under Section 17(5).
For supplies under Reverse Charge Mechanism (RCM), ITC must be availed within the time limits prescribed:
You must claim ITC by the 20th of the month after the tax invoice is issued and the tax is paid under RCM.
The general rule is that ITC must be claimed by September 30 of the following financial year or before filing the annual return (whichever is earlier). Missing this deadline disqualifies you from claiming the ITC.
The latest updates to ITC rules emphasize stricter compliance:
Rule 36(4): ITC can be claimed only if the supplier uploads the corresponding invoices or debit notes in their GSTR-1 and it appears in the recipient’s GSTR-2B.
A 100% cap now applies, meaning taxpayers can claim ITC only if it matches the data reflected in their GSTR-2B.
ITC on CSR activities has been blocked under Section 17(5).
Taxpayers are required to ensure that their suppliers have filed GSTR-3B and paid the tax before claiming ITC.
What Are Micro, Small & Medium Enterprises (MSME)?
You Might Wonder If MSME Registration Is Mandatory Or Not!
How To Register As An MSME?
Benefits Of MSME Registration
The Registration Process Of MSME
Documents Required For MSME Registration
List Of Details You Need To Provide For MSME Registration On Its Application Form
How Can You Download The MSME Registration Certificate?
MSME Schemes Launched By The Government
How Do We Assist You With MSME Registration/SSI Registration?
FAQs
In a developing country like India, MSME industries are the backbone of the economy. It is rightly termed as “the engine of growth” for India. The MSME sector contributes to 45% of India’s total industrial employment, 50% of India’s total exports, and 95% of all industrial units of the country, and more than 6000 types of products are manufactured in these industries (As per the Ministry of Micro, Small & Medium Enterprises). When these industries grow, the economy of the country grows as a whole and flourishes. These industries are also known as small-scale industries (SSIs).
Although the government has not yet made MSME registration mandatory, registering will help you reap several benefits, including credit at a low interest rate, incentives on products for exports, excise exemption, statutory aid such as reservations, and interest on payments delayed due to unavoidable circumstances. A government scheme called Udyog Aadhar registration has been helping MSMEs since 2015.
You can apply online for MSME registration & verification. Click Here to register as an MSME and fill out the application form.
You can get an MSME certificate with lifetime validity in 2-5 working days. This certificate is for enterprises in both the manufacturing and service sectors. The name you use to register for new or existing businesses is unlimited.
Cheaper Bank Loans: Your bank loans get cheaper as the interest rate is very low at around 1 to 1.5%.
Tax Rebates: Various tax rebates are offered to MSMEs.
Credit for MAT: You are allowed a credit for minimum alternate tax (MAT) to be carried forward for up to 15 years instead of 10 years.
Government Tenders: Many government tenders are only open to MSME Industries.
Easy Credit Access: You can get easy access to credit.
Reduced Costs: Once you are registered, the cost of getting a patent or setting up the industry reduces as many rebates and concessions are available.
Government Licenses: You will be given higher preference for government licenses and certification.
One Time Settlement Fee: There is a One Time Settlement Fee for non-paid amounts of MSME.
To register for the small and medium-scale industry, you have to fill out a single form, which you can do online or offline. Click here to get the application.
If you want to register in more than one industry, you can do individual registration.
The documents required for registration are your personal Aadhar number, Industry name, Address, bank account details, and some additional information.
You can provide self-certified certificates.
No registration fees are required for this process.
After the documents are prepared and submitted to the MSME registrar, the experts will verify the submitted documents. This procedure requires 2 working days.
Once your MSME application is approved, your company gets registered and related documents will be sent to you.
You have to submit documents like business address proof, copies of purchase and sale bill, and licenses from regulatory bodies.
Business Address Proof:
If self-owned: Allotment letter, possession letter, lease deed, or property tax receipt.
If rented: Rent receipt and a no-objection certificate from the landlord. Any utility bill or document evidencing the landlord’s ownership is to be submitted.
Copies of Sale Bill and Purchase Bill:
Sale bill related to each end product that it will supply.
Purchase bill for each raw material that it will purchase.
Partnership Deed/MoA and AoA:
If the business is a partnership firm, submit the partnership deed.
In the case of a company, submit the Memorandum of Association and Articles of Association, and certificate of incorporation.
Copy of Licenses and Bills of Machinery Purchased:
In rare cases, submit a copy of an industrial license.
All bills and receipts related to purchasing and installation of plant and machinery.
Aadhaar number
Name of Entrepreneur as per Aadhaar card
Social category (General, OBC, SC/ST)
Gender
Physically Handicapped
Name of Enterprise
Type of Organization Proprietorship,. Partnership Firm, Private Limited Company, Public Limited Company, Limited Liability Partnership, Cooperative Society, Hindu Undivided Family, Self-Help Group, Society, or Trust)
PAN Card
Location/Address of Plant
Country, State, District, City, Tehsil, PIN Code
Office Address
Mobile Number, Email ID
Date of Commencement of Business
Bank account number and IFSC code
Business Activity of Enterprise
NIC 2 Digit Code – choose a primary activity
Additional detail of the enterprise
Number of Employees
Investment Amount in Plant and Machinery
Click Here to download the registration form.
Udyog Aadhaar memorandum: The government gives all individuals a 12-digit Aadhaar card. Registering in this scheme makes it easy to obtain credit, loans, and subsidies from the government. Registration can be done both online and offline.
Zero Defect Zero Effect: Goods manufactured for export must adhere to a certain standard. Under this scheme, exported goods are eligible for some rebates and concessions.
Quality Management Standards & Technology Tools: Helps MSMEs understand and implement quality standards and new technology.
Grievance Monitoring System: This system is beneficial in getting business owners' complaints addressed. Owners can check the status of their complaints.
Incubation: This helps innovators implement their new designs, ideas, or products. The government finances 75% to 80% of the project cost
Credit Linked Capital Subsidy Scheme: Provides new technology to replace old and obsolete technology. Businesses can directly approach banks for subsidies.
Women Entrepreneurship: Provides capital, counseling, training, and delivery techniques to women who want to start their own businesses.
We, as your MSME Registration Consultants in Bangalore, will help your business obtain MSME Registration to avail of the benefits. You can register your MSME or SSI through us in your city.
Step 1: Fill our simple form with your basic information. This is required for filing your application with the department.
Step 2: We will draft your documentation according to the details provided. It takes 1-2 working days.
Step 3: We will file your application and the required documents to the MSME registrar. Before submission, our expert will verify all your documents properly.
Step 4: Once the application is approved and your MSME certificate is issued, we will email and courier it to you.
What is the MSME registration number?
The MSME registration number, also known as the Udyog Aadhaar Number, is a 12-digit unique identification number provided to India's Micro, Small, and Medium Enterprises (MSMEs). This number is essential for businesses to avail themselves of various benefits and schemes offered by the government for the MSME sector.
What is an MSME certificate?
An MSME certificate is an official document issued to businesses that register under the MSME Act. This certificate confirms that the business is recognized as a micro, small, or medium enterprise and is eligible for various government benefits, subsidies, and schemes aimed at supporting MSMEs.
How do you check MSME registration by name?
To check MSME registration by name:
Visit the official Udyog Aadhaar website.
Enter your Udyog Aadhaar Number.
Provide the mobile number linked with the Aadhaar card.
Enter the verification code and click on the "Validate Udyog Aadhaar" button.
Alternatively, you can visit the MSME Databank and use the business name to check the registration details, but you will still need to provide the Udyog Aadhaar Number or a registration number.
How to find MSME registration number through PAN number?
To find your MSME registration number using your PAN number:
Visit the official Udyog Aadhaar website.
Navigate to the "Print Udyog Aadhaar" option
Enter your PAN number and the registered mobile number.
You will receive an OTP on your registered mobile number. Enter the OTP to verify.
Once verified, your Udyog Aadhaar details, including the MSME registration number, will be displayed.
How to find an MSME registration number?
To find out your MSME registration number:
Visit the official Udyog Aadhaar website.
Go to the "Print Udyog Aadhaar" section.
Enter your Aadhaar number and the registered mobile number.
Enter the OTP sent to your mobile number to verify your identity.
After verification, you will be able to see your Udyog Aadhaar details, including your MSME registration number.
Govt vide notification no 38/2020 dated 05.05.2020 had notified the fifth amendment to CGST Rules containing two amended.
1. Inserting the second proviso to Rule 26(1) providing for the filing of GSTR 3B by companies with EVC without use of Dsc during the period 21.04.2020 to 30.06.2020.
2. Inserting Rule 67A providing for NIL GSTR 3B by SMS. It was notified that this will be effective form a date notified later.
Govt vide notification 44/2020 dated 08.06.2020 has notified 08.06.2020 as the date for coming into effect of rule 67A. Following is the procedure for filing NIL GSTR3B through SMS.
Who have not made any sales (outward supply) for the period
Who doesn't have any Reverse Charge (RCM) Liability.
Who not intend to take any input tax credit for the period
Who don't have any late fee or other liability of the earlier period to be paid in this period.
Following is the procedure to be followed for filing NIL GSTR 3B through SMS.
SMS in the following format needs to be sent to No 14409 from the Registered Mobile Number.
space space space
For example, if you wish to file NIL GSTR 3 for the month of May 2020 for GTIN 29AJBPLD2419C1ZT, the format of the message shall be as follows
NIL 3B 29AJBPD2419C1ZT 052020
If the SMS is validated, you will receive the 'Validation Code' on the same mobile number. The validation code needs to sent to the same number 14409 to complete the filing. Validating message should be in the following format
space space .
For example, if the validation code received is 56789, validation SMS should be in the following format - CNF 3B 56789
Validation code received is usable only once, and shall be valid for 30 minutes.
In case SMS fails validation, instead of validation code Error Message will be received, which needs to look into and addressed.
1. A Simple Guide To Resolve Your GST Registration Rejected Application
2. Scope Of Principal-Agent Relationship Under GST
3. Implication Of GST On Transfer Of Business - At Glance
In case you need any further assistance regarding GSTR 3b return filing, please feel free to get in touch with our team of GST Consultants in Bangalore.
CPC (TDS) has provided new enhanced features, to further add to the convenience of online facility of filing corrections to the TDS Statements. With this feature, you will be able to submit Online Corrections at TRACES without even having a Digital Signature.
To avail the facility, it is requested to log in to TRACES and navigate to the Defaults tab to locate “Request for Correction from the drop-down list. Click to Proceed in absence of Digital Signature.
Digital Signature is not mandatory to be registered on TRACES for raising online corrections.
Only Challan Correction is permissible in the absence of Digital Signature. Digital Signature enables you to carry out PAN Corrections as well.
Correct KYC information needs to be submitted for the purpose of validation.
Online requests can be submitted, only if there is a regular statement already filed and processed.
All previous corrections pertaining to the statement should have been processed and the processing status can be verified from the Dashboard.
Challan/BIN Correction
A list of all Matched and Unmatched challans can be viewed by clicking the appropriate tab.
Matched challans can be corrected for the Amount Claimed as Interest and Others. Please note that Matched challans cannot be tagged.
Unmatched challans can be corrected and tagged to Deductee rows in the statement.
In addition, NO CHALLAN, which has been used for other purposes outside the system, should be tagged.
The corrections to the above challans can be reset by clicking the Reset tab if this requires to be further corrected.
PAN Correction
Invalid to Valid PAN: The correct name of the Valid PAN will be displayed in Name as per changed PAN.
Valid to Valid PAN: If the new PAN entered is Invalid, a message is displayed in the Action Status. Please note that there is only one opportunity for a Valid to Valid PAN correction.
All the corrected rows can be viewed by clicking on Show Edited Rows on the screen.
Action Summary:
After carrying out all the corrections, Action Summary can be referred for all changes carried out.
Please click Confirm for all intended changes and the statement is ready for submission.
Actions to Complete Submission:
Please navigate to the Defaults tab to locate Corrections Ready for Submission.
Click on Submit for Processing, which will prompt to digitally sign the submission.
Once the correction is submitted successfully, a Token Number for the same will be available.
Govt has proposed a staggered filing of GSTR 3B, to reduce the load on GST Portal on due date. Govt vide press release dated 22.01.2020 has proposed the following due dates for various tax filers based on the State of the Tax filers and their turnover. Notification to give effect to this change is expected soon.
Want to file GST return? We are here to help. Contact ADCA - One of the reputed GST Consultants In Bangalore - for the complete assistance.
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