by Amendment Sec 28
(1) Every registered person and a person to whom a Unique Identity Number has been assigned shall inform the proper officer of any changes in the information furnished at the time of registration or subsequent thereto, in such form and manner and within such period as may be prescribed.
(2) The proper officer may, on the basis of information furnished under sub-section (1) or as ascertained by him, approve or reject amendments in the registration particulars in such manner and within such period as may be prescribed: Provided that approval of the proper officer shall not be required in respect of amendment of such particulars as may be prescribed: Provided further that the proper officer shall not reject the application for amendment in the registration particulars without giving the person an opportunity of being heard.
(3) Any rejection or approval of amendments under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a rejection or approval under this Act.
Cancellation Sec 29
(1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the circumstances where,
(a) The business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; or
(b) There is any change in the constitution of the business; or
“(c) the taxable person is no longer liable to be registered under section 22 or section 24 or intends to optout of the registration voluntarily made under sub-section (3) of section 25:”
(2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit, where,
(a) A registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or
(b) A person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
(c) Any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months; or
(d) Any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months from the date of registration; or
(e) Registration has been obtained by means of fraud, wilful misstatement or suppression of facts: Provided that the proper officer shall not cancel the registration without giving the person an opportunity of being heard.
(3) The cancellation of registration under this section shall not affect the liability of the person to pay tax and other dues under this Act or to discharge any obligation under this Act or the rules made thereunder for any period prior to the date of cancellation whether or not such 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 the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of registration under this Act.
(5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock or capital goods or plant and machinery on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher, calculated in such manner as may be prescribed:
Provided that in case of capital goods or plant and machinery, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods or plant and machinery, reduced by such percentage points as may be prescribed or the tax on the transaction value of such capital goods or plant and machinery under section 15, whichever is higher.
(6) The amount payable under sub-section (5) shall be calculated in such manner as may be prescribed.
Revocation of Registration Sec 30
Revocation of cancellation means revalidation of cancelled registration. Section 30 of the CGST Act 2017 read with Rule 23 of CGST Rules provide for revocation of cancelled registrations.
| Section 30(1) | A registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration within thirty days from the date of service of the cancellation order.
Thus, a registered person can submit an application for revocation if proper officer cancelled the registration (Suo Motu) due to the following reasons: (a) Contravened provisions of the Act or the rules made there under. (b) Composition dealer has not furnished returns for three consecutive tax periods (c) Any taxable person not furnished returns (other than composition) for a continuous period of six months. (d) The voluntarily registered person has not commenced business within six months from the date of registration. (e) Registration has been obtained by means of fraud, willful misstatement, or suppression of facts. |
| First Proviso to Section 30(1) | Additional Commissioner or the Joint Commissioner may, on sufficient cause being shown, and for reasons to be recorded in writing extend such period (submission of application for revocation) for a period not exceeding thirty days. |
| Second Proviso to Section 30(1) | Commissioner may, on sufficient cause being shown, and for reasons to be recorded in writing may extend such period for further period not exceeding thirty days. |
| Rule 23 | A registered person may submit an application for revocation of cancellation of registration, in FORM GST REG -21 to such proper officer, within a period of thirty days from the date of the service of the order of cancellation of registration at the common portal |
Prerequisite for filing revocation application
| First proviso to Rule 23 | Application for revocation cannot be filed if the registration has been cancelled for the failure of the taxable person to furnish returns, unless such returns are filed and any amount due as a tax, in terms of such returns has been paid along with any amount payable towards interest, penalties and late fee payable in respect of the said returns. |
