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GST Cancellation Registration in India

GST (Goods and Services Tax) cancellation in India is a process that allows registered taxpayers to cancel their GST registration under specific circumstances. Businesses must understand the procedures and implications associated with GST cancellation to comply with regulatory requirements effectively.

Reasons for GST Cancellation

GST registration can be canceled under the following circumstances:

  • Closure of Business: If a business ceases its operations or discontinues its taxable supplies, it becomes eligible for GST cancellation.
  • Transfer of Business: When a registered business is transferred to another entity, the original registrant may apply for cancellation of GST registration.
  • Change in Constitution: If there is a change in the constitution of a business entity (like from partnership to sole proprietorship), GST cancellation may be required.
  • No Longer Liability to GST: If a business entity no longer meets the criteria for GST registration, it can opt for cancellation

Procedure for GST Cancellation

The process for GST cancellation typically involves the following steps:

  • Application Submission: The taxpayer must submit an application for cancellation of GST registration electronically through the GST portal.
  • Verification: The GST authorities will verify the application and may seek additional information or documents to process the cancellation.
  • Clearance of Dues: The taxpayer must clear all pending tax liabilities and file any outstanding returns before applying for cancellation.
  • Cancellation Order: Upon verification and satisfaction of all requirements, the GST authorities issue an order for cancellation of registration.

Importance of Timely GST Cancellation

GST (Goods and Services Tax) registration cancellation is a critical administrative process for businesses in India. Timely cancellation ensures compliance with regulatory requirements and prevents potential liabilities. Here are key reasons why timely GST cancellation is important:

Compliance with Regulations
Avoid Penalties:

Failure to cancel GST registration promptly when no longer required can lead to penalties and legal consequences. Timely cancellation ensures compliance with GST laws and regulations, mitigating risks associated with non-compliance.

Correct Tax Reporting:

Cancelling GST registration stops the requirement to file GST returns, thereby avoiding incorrect or unnecessary tax reporting. This helps in maintaining accurate financial records and ensures transparency in tax filings.

Financial Prudence
Prevent Accumulation of Tax Liability:

Businesses no longer liable to collect GST should cancel their registration promptly to avoid accumulating tax liabilities. Continuing registration unnecessarily may result in tax assessments and demands for unpaid taxes.

Efficient Resource Allocation:

By canceling GST registration promptly, businesses can redirect resources previously allocated to compliance activities toward core business operations, enhancing efficiency and productivity.

Legal Clarity and Operational Focus
Clear Business Status:

Timely cancellation of GST registration provides clarity on the legal status of the business. It eliminates ambiguity and confirms that the business is no longer obligated to comply with GST regulations.

Focus on Strategic Goals:

With GST cancellation completed, businesses can focus on strategic goals, growth initiatives, and operational improvements without the administrative burden associated with GST compliance.

Facilitates Business Transition
Smooth Business Transitions:

GST cancellation is essential during business transitions such as mergers, acquisitions, or closures. It facilitates the smooth transfer of business ownership or operations without regulatory complexities.

Maintains Reputation

Timely compliance with GST cancellation reflects positively on a business's reputation for adhering to legal obligations and ethical business practices.

Professional Guidance
Expert Advice:

Seeking professional assistance ensures that GST cancellation procedures are conducted accurately and according to legal requirements. Professionals can guide documentation, tax implications, and compliance timelines.

Risk Mitigation:

Professional advisors help mitigate risks associated with delays or errors in GST cancellation, ensuring a smooth transition and compliance with regulatory frameworks.

Timely GST cancellation is therefore crucial for businesses to maintain compliance, manage financial obligations effectively, and focus on sustainable growth and development.

Rejection of Application for GST Cancellation

In certain cases, the application for GST cancellation may be rejected by the GST authorities. Understanding the reasons for rejection and the subsequent steps is crucial for taxpayers. Here are common reasons for the rejection of a GST cancellation application and what can be done in such situations:

Common Reasons for Rejection
  • Incomplete Application: The application may be rejected if all required details and supporting documents are not provided. Ensure that the application form is filled out completely and accurately.
  • Pending Dues: If there are pending tax liabilities or returns that have not been filed, the application for GST cancellation can be rejected. Ensure all dues are cleared and returns are up-to-date.
  • Incorrect Information: Providing incorrect or misleading information can lead to rejection. Double-check all details and ensure the accuracy of the information submitted
  • Non-compliance Issues: If the taxpayer has a history of non-compliance or violations of GST laws, the application may be scrutinized more closely and potentially rejected.
  • Unresolved Notices: Any unresolved notices or issues with the GST authorities must be addressed before applying for cancellation. Ignoring these can result in application rejection.
Steps to Take if Application is Rejected
  • Understand the Reason: Carefully review the rejection notice to understand the specific reasons provided by the GST authorities for rejecting the application.
  • Rectify Issues: Address the issues mentioned in the rejection notice. This may involve completing pending filings, clearing dues, or correcting information
  • Reapply for Cancellation: After rectifying the issues, you can reapply for GST cancellation. Ensure that all previous errors are corrected and all requirements are met.
  • Seek Professional Help: If you face difficulties in understanding or resolving the reasons for rejection, consider seeking professional assistance. Experts can guide compliance and help ensure that your application is accepted upon resubmission.
  • Respond to Notices: If the rejection is due to unresolved notices or compliance issues, respond promptly to any communication from the GST authorities. Provide necessary clarifications and documentation as required.
Why to choose us:

Choosing FilingLounge for GST registration cancellation ensures you benefit from specialized expertise and streamlined processes tailored to meet your needs efficiently. Our team of experienced professionals navigates the complexities of GST compliance with precision, ensuring accurate handling of paperwork and adherence to regulatory requirements. We provide comprehensive support throughout the cancellation process, from initial consultation to final approval, ensuring you are guided at every step. Our commitment to transparency means you can expect clear pricing structures and dedicated customer service, ensuring a smooth and hassle-free experience. Trust FilingLounge for your GST registration cancellation needs, where compliance meets convenience seamlessly.

Proprietorship vs Limited Liability Partnership (LLP) vs Company

Features Proprietorship Partnership LLP Company
Definition A sole proprietorship is an unregistered business entity managed by a single individual. A legal contract between multiple parties to jointly manage and run a business operation. A business type that combines aspects of a partnership and the limited liability of a corporation. A registered business where owners and shareholders have limited liability.
Ownership
  • Single individual
  • Min 2 Partners
  • Max 50 Partners
  • Designated Partners: Min 2(No upper limit)
  • Min: 1 shareholder (for a private company), 7 shareholders (for a public company)
  • Max: 200 shareholders (for a private company), no upper limit (for a public company)

For One Person Company
  • Minimum: 1 individual
  • Maximum: 1 individual
Registration Time 7-10 working days
Promoter Liability Unlimited Liability Limited Liability
Documentation
  • Partnership Deed
  • PAN card of the partnership firm
  • LLP Agreement
  • Incorporation Certificate
  • PAN card of the LLP
  • MOA
  • AOA
  • Certificate of incorporation
  • PAN card of the company
Governance No specific governing law Governed by the terms outlined in the partnership deed Governed by the LLP agreement Governed by a formal structure including a Board of Directors
Transferability Business cannot be transferred Ownership transfer requires the consent of all partners as outlined in the partnership deed. Transferable Easily Transferable for public companies. In private companies, there might be some restrictions.
Compliance Requirements
  • Income tax filing if the turnover exceeds Rs. 2.5 lakhs.
  • Must file ITR 5
  • Must file ITR 5
  • File Form 11
  • Form 8
  • MCA filing
  • Auditor's appointment
  • File ITR 6

GST Cancellation FAQ's

What is the registration process of a company?

The registration process of a company is done under the Ministry of Corporate Affairs (MCA) in accordance with the Companies Act 2013.
  • Step 1: Apply For Director Identification Number (DIN)
  • Step 2: Apply For GST Cancellation Certificate (DSC)
  • Step 3: Company Name Approval
  • Step 4: Company Incorporation Application Submission
  • Step 5: Get a Certificate of Incorporation

How much does it cost to register a company?

The cost of registering a company in India varies according to the number of stakeholders and size. The Cost of Incorporation of a GST Cancellation would vary from Rs.6, 000 - to Rs. 30,000/- depending upon the following:
  • Number of Directors
  • Number of Members
  • Authorized share capital
  • Professional fees

What are the types of registration?

Company registration is mandatory in India to start any business, so fixing the business structures is crucial. In India, there are seven different types of company registration:
  • Sole Proprietorship Registration
  • One-person Company Registration
  • Partnerships Firm Registration 
  • Limited Liability Partnership (LLP) Company Registration
  • GST Cancellation Registration
  • Public Limited Company Registration
  • Section 8 Company Registration
 

Can NRIs or foreign national or foreign entities register a company in India?

Yes, NRIs, foreign nationals, and foreign entities can register a company and invest in India, subject to the Foreign Direct Investment norms set by the RBI. However, incorporation rules in India require for one Indian national to mandatorily be a part of the company on the Board of Directors.

How do I check the availability of names for my company?

You can use the FilingLounge company name availability search tab to search for available names in India. It is important to note that FilingLounge would just provide available choices, based on identical names already registered.

Is GST Cancellation registration mandatory at this stage?

GST Cancellation registration is mandatory for certain businesses. Companies dealing with e-commerce operations or any other interstate activity and companies with turnover of more than Rs. 40 Lakhs are required to obtain the same. GST Cancellation registration takes just 3-5 working days with FilingLounge.

What are the compliances of a Business Plan?

A company is required to maintain certain compliances once it is incorporated. An auditor needs to be appointed within 30 days and income tax filing and annual return filing need to be done every year. Apart from these, mandatory compliances like ‘Commencement of Business’ forms, and DIN eKYC also need to be done.

When is the Business Plan auditor to be appointed?

The Board of Directors is required to appoint a practicing Chartered Accountant within 30 days of Incorporating a Business Plan.

Which Form is to be filed for the ITR filing of Business Plan?

The Private Limited Companies that are registered in India have to file the ITR returns each year in Form ITR 6.

Which form is to be filed for filing the annual returns of a Company?

The companies registered in India are required to file the MCA annual return each year informs AOC 4 and MGT 7.

How many members are required to start a Business Plan?

Minimum 2 number of members are required to start a Business Plan which can be extended to 200 members.

How can ownership be transferred?

The ownership of a Business Plan can be transferred by the way of shares.

How are the Companies taxed? What are the tax rates?

Private Limited Companies are taxed at 30% plus the surcharge and cess as applicable.

Who governs and controls the functioning of a Business Plan?

The MCA and Companies Act,2013 controls the functioning of a Business Plan.

What are the benefits of registering a Business Plan?

There are various of registering as a Business Plan like Limited Liability, Access to funding, borrowing capacity, greater capacity, easy exit, and scope of multiple opportunities.

What is authorized capital and paid-up capital?

Authorized capital is the maximum value of equity shares that can be issued by a company. On the other hand, paid up capital is the amount of shares issued by the company to shareholders. Authorized capital can be increased any time after incorporation to issue additional shares to the shareholders.

What is limited liability protection?

Limited liability is the status of being legally responsible only for a limited amount of debts of a company. Unlike proprietorships and partnerships, the liability of the shareholders with respect to the company’s liabilities is limited.

How do I open a current account?

Once the company is incorporated, a current account needs to be opened in the name of the company for transactions. Your advisor will guide you through the process of choosing the bank that you want to open the account with and get the documents like certificate of incorporation, Memorandum and Articles of Association, board resolution, copy of PAN allotment letter, and utility bill.

Related Business Registrations

In addition to registration or incorporation, a business may require other registrations depending on the business activity undertaken. Talk to an Advisor to find out registrations your business may require post registration.

MCA Compliance

Each registered entity is required to meet its compliance duties at the close of each financial year. This generally includes auditing financial statements, filing income tax returns, and submitting annual forms to the Ministry of Corporate Affairs (MCA).

Compliance For Form Due date Penalty
Commencement of Business Intimation to Registrar for Commencement of Business Within 180 days from incorporation INR 50,000 on company and INR 1,000 per day on directors for each day of default
Annual KYC of Directors DIR 3 E-KYC 30th September of every year INR 5,000 for late filing
Appointment of Auditor Form ADT 1 Within 15 days of the AGM INR 300 per day (max INR 12,000)
Financial Statements Form AOC 4 Within 30 days from the AGM INR 100 per day of default
Annual Return Form MGT 7 Within 60 days from the AGM INR 100 per day of default

All Limited Liability Partnerships (LLP) in India must file annual returns with the Ministry of Corporate Affairs (MCA). FilingLounge provides affordable services to help you keep your LLP compliant.

LLP Compliance Form Due date Penalty
Annual KYC of Directors DIR 3 KYC 30th September of every year INR 5,000 for late filing
Annual Return Form 11 May 30th every year INR 100 per day of default
Statements of Accounts and Solvency Form 8 30th October every year INR 100 per day of default (minimum penalty INR 10,000)

In addition to the filings listed above, there may be other compliance requirements relevant to LLPs. To ensure all compliance needs of your LLP are met, please seek assistance from a Filinglounge Advisor.

Entity Compliance Form Due date
Private Limited Company Annual Return MGT-7 Within 60 days from the conclusion of the AGM
Financial Statements AOC-4 Within 30 days from the conclusion of the AGM
DIR-3 KYC DIR-3 KYC 30th September every year
Return of Deposits DPT-3 30th June every year
Appointment of Auditor ADT-1 Within 15 days from the conclusion of the AGM
Income Tax Return (Non-audit case) ITR-6 31st July every year
Income Tax Return (Audit case) ITR-6 30th September every year
Annual GST Return GSTR-9 31st December of the subsequent financial year
MSME Form Form 1 (MCA) half-yearly return by 31st October (April to September), & 30th April for the period October to March every year
Limited Liability Partnership Income Tax Return (Non-audit case) ITR 5 31st July every year
Income Tax Return (Audit case) ITR 5 30th September every year
Annual Return Form 11 30th May every year
Financial Statements Form-8 30th October every year

Note : There might be extra filings needed depending on your business type and activities. Talk to a FilingLounge advisor to get the right guidance for your company's compliance.