Section 29 of CGST Act- Cancellationofregistration

Ankita Khetan | Oct 12, 2017 |

Section 29 of CGST Act- Cancellationofregistration

Section 29 of CGST Act- Cancellationofregistration

Section 29 of CGST Act,2017 from bare act : –
(1) The proper officer may, either on his own motion or on an application filed bythe registered person or by his legal heirs, in case of death of such person, cancel theregistration, in such manner and within such period as may be prescribed, having regard tothe circumstances where,

(a) the business has been discontinued, transferred fully for any reason includingdeath of the proprietor, amalgamated with other legal entity, demerged or otherwisedisposed 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) ofsection 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, includingany retrospective date, as he may deem fit, where,

(a) a registered person has contravened such provisions of the Act or the rulesmade thereunder as may be prescribed; or

(b) a person paying tax under section 10 has not furnished returns for threeconsecutive tax periods; or

(c) any registered person, other than a person specified in clause (b), has notfurnished returns for a continuous period of six months; or

(d) any person who has taken voluntary registration under sub-section (3) ofsection 25 has not commenced business within six months from the date ofregistration; or

(e) registration has been obtained by means of fraud, willful misstatement orsuppression of facts:
Provided that the proper officer shall not cancel the registration without givingthe person an opportunity of being heard.

(3) The cancellation of registration under this section shall not affect the liability of theperson to pay tax and other dues under this Act or to discharge any obligation under this Actor the rules made thereunder for any period prior to the date of cancellation whether or notsuch 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 theUnion Territory Goods and Services Tax Act, as the case may be, shall be deemed to be acancellation of registration under this Act.
(5) Every registered person whose registration is cancelled shall pay an amount, byway of debit in the electronic credit ledger or electronic cash ledger, equivalent to the creditof input tax in respect of inputs held in stock and inputs contained in semi-finished orfinished goods held in stock or capital goods or plant and machinery on the day immediatelypreceding the date of such cancellation or the output tax payable on such goods, whicheveris higher, calculated in such manner as may be prescribed:
Provided that in case of capital goods or plant and machinery, the taxable person shallpay an amount equal to the input tax credit taken on the said capital goods or plant andmachinery, reduced by such percentage points as may be prescribed or the tax on thetransaction value of such capital goods or plant and machinery under section 15, whicheveris higher.
(6) The amount payable under sub-section (5) shall be calculated in such manner asmay be prescribed.


CHAPTER VI
REGISTRATION
Chapter VI of the CGST Act,2017 covers nine sections relating toREGISTRATION under GST. All these sections from the CGST Act,2017 are available for your ready reference.
Section 22Persons liableforregistration
Section 23 –Persons notliable forregistration
Section 24 –Compulsoryregistration incertain cases
Section 25 –Procedure forregistration
Section 26Deemedregistration
Section 27Specialprovisionsrelating tocasual taxableperson & non-residenttaxableperson
Section 28Amendmentofregistration
Section 29Cancellationofregistration
Section 30Revocationofcancellationofregistration


 
 

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