wheather partner of firm, whose registration has been cancelled for non filling of returns, Can apply for fresh gst registration on sole proprietorship?
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Quick Summary
This discussion clarifies whether a partner of a firm, whose GST registration was cancelled for failing to file returns, can apply for a fresh GST registration as a sole proprietorship using the same PAN. The consensus is that this is not permitted. If a registration is cancelled by the Proper Officer for non-filing of returns for six consecutive periods, a new registration cannot be applied for using the same PAN. The correct procedure is to apply for revocation of the existing cancelled registration, as clarified by Circular No. 95/14/2019 - GST.
If the Registration is cancelled by the Proper Officer on the ground of not filing the GST Returns for Six consecutive tax periods [ U/s 29(2) clause (c) ], then the Person will not be able to apply for a Fresh GST Registration on the same PAN Number. He needs to apply for Revocation of Cancellation of GST Registration.
The same was clarified via Circular No. 95/14/2019 - GST , dated 28th March 2019 [ Subject : Verification of application for grant of new registration ].