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SCN for GST cancellation for virtual office

Registration 548 views 7 replies

ABC Pvt Ltd, received a show cause notice from the GST department under Section 29(2)(a) for cancellation of GST registration. The reason given was that no business is being done from our principal place of business.

 

We are a SaaS (Software as a Service) company, and all our employees work from home. The registered address is a virtual office taken specifically for GST registration and correspondence. We submitted the following as part of our reply:

 

Agreement with the virtual office/co-working space provider

 

Sales and purchase invoices using that address

 

 

However, the GST officer visited the location and found no name board or signs of physical activity. He claims that this means the business is not operational from the registered address.

 

Is this a valid reason for cancellation of GST registration? Are there any case laws or rulings supporting the use of virtual offices for GST purposes, especially for IT or SaaS

businesses?

Replies (7)

GST laws generally require a business to have a physical presence or a registered place of business for registration and compliance purposes.

Virtual offices might not be considered a valid phyiscal place of business for GST registration in many jurisdictions.

There may be case laws or rulings on this topic depending on the country or region's tax laws and interpretations.

SIR, IN VIRTUAL OFFICE SPACE GST REGISTRATION CAN BE GRANTED THOUGH THERE IS NO PHYSICAL ACTIVITIES AT THAT PLACE. HARYANA AAR HAS GIVEN THE DECISSION IN THIS MATTER WHICH CAN BE APPLICABLE IN YOUR CASE.

 

Dear Sweet spot,

Can you please share the AAR citation ?

Regards,

S Ram

ADVANCE RULING NO. HR/HAAR/18/2021-22 DATED 14/07/2021

 

THE SIGN BOARD SHOWING YOUR COMPANY / FIRM NAME, ADDRESS AND CIN NUMBER AND GST NUMBER ( WHATEVER APPLICABLE )  IS MUST AT YOUR VIRTUAL PLACE. 

Dear sir,

Can you please share the name of the applicant, as im unable to get the ruling copy. 

It would be kind enough of you if u can attach the ruiling here.

 

Regards,

S Ram

you can get the copy of the detail order from the web site of GST Council of India.

Regards, 

RASHMIKANT  DAVE.


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