LIVE GST Certification Course by CA Arun Chhajer begins 27th April. Register Now!!

Gst return

13 June 2020

hello sir

sir I didn't file gst return from 2018-19 and my registration is cancelled by PO ON 11.02.2020. I'm a supplier of medicine and didn't get input tax credit on supplies. my total tax liability is around 3lakh. if I'm not taking ITC what is the procedure to file return in composit schemes also I want to revoce my gst registration.

please reply soon.
Regards

Reply
Follow
Share

9 Replies

KRISSHNAN KP (4215 Points)
Replied 14 June 2020

Your under section 10

1 Like

Shivam RC (Student) (23683 Points)
Replied 15 June 2020

@ San Satyam Sir, You are registered under Regular Scheme or Composition Scheme ???

1 Like

San Satyam (25 Points)
Replied 15 June 2020

Shivam RC regular scheme

Shivam RC (Student) (23683 Points)
Replied 15 June 2020

Okay. Since the Registration is cancelled by the Proper Officer on account of Non-Filing of GST Returns, you cannot apply for Revocation until all the pending Returns are filed.

First of all you have to file all your pending GST Returns ( GSTR-3B ) and Statements ( GSTR-1 ) and clear all your Tax Liabilities with the Department along with applicable Late Fees, Interest and Penalty. Only then you will be eligible to file Revocation of Cancellation of GST Registration i.e. FORM GST REG-21 under Section 30 of the CGST Act 2017.

So kindly file all your GST Returns pending till date inorder to apply for Revocation of Cancellation of GST Registration. I can say you are lucky enough that in the recent GST Council Meeting ( 40th GST Council Meeting held on 12th June 2020 ), it has been decided to completely waive of Late Fees levied u/s 47 for the Returns July 2017 to January 2020 incase of Nil Liability. If you have Tax Liability, then the maximum Late Fees per Return is reduced to Rs. 500 for the tax period July 2017 to January 2020 provided the Return is filed between "01st July 2020 ( 01/07/2020 ) to 30/09/2020 ( 30/09/2020 )." However there is no relief w.r.t Interest @ 18% levied u/s 50 of the CGST Act 2017.

Also Note that the last date to file Application for Revocation of Cancellation of Registration under Section 31 has been extended to "30.09.2020" , in all cases where registrations have been cancelled till 12.06.2020.

So start filing your pending GST Returns from 01st July 2020 to avoid hefty Late Fees. But unfortunately you have to pay the Interest portion. So don't waste your time. Kindly don't wait till 30th September 2020.

Hope you find this helpful...

Regards,
Shivam RC.

2 Like

San Satyam (25 Points)
Replied 15 June 2020

Thankyou sir for your suggestions. can I file return under composition scheme I'm not availing ITC .

Shivam RC (Student) (23683 Points)
Replied 13 November 2020

Your Most Welcome...
If your Aggregate Turnover is upto Rs. 1.5 crores, then you can opt for Composition Scheme and start filing GST Returns Quarterly. Note that you will not be able to claim ITC if you opt for Composition Scheme.

JATINDER KUMAR (Accountant) (3662 Points)
Replied 14 November 2020

@ Mr. Shivam RC

How can opt composition scheme by party if GST registration (Regular) already cancelled by GST department

please clarify

Shivam RC (Student) (23683 Points)
Replied 14 November 2020

@ Jatinder Kumar,

Kindly refer my previous reply and suggestion to the querist. It was given in June 2020. First of all he has to apply for Revocation of Cancellation of GST Registration by filing all pending GST Returns with applicable late fees and interest. After he restores the original Regular GST Registration, he may opt for Composition Scheme at the beginning of the year provided he is eligible to opt for the scheme ( turnover upto Rs. 1.5 crores ).

Unless and Until a person restores his cancelled GST Registration, he cannot proceed to opt for a New GST Registration or opt for Composition Scheme.