Answer

GST

Business dormant and returns not filed

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  1. Facts

    Even with no sales, a registered business must file nil returns. File the pending nil returns now with the nil late fee, and cancel the registration if you are not restarting.

  2. Provisions and law

    • Sec 46, CGST Act 2017A registered person who fails to file a return under Sec 39, 44, 45 or 52 gets a notice to file within 15 days
    • Sec 47, CGST Act 2017Late fee for late returns
    • Notification 19/2021-CTGSTR-3B late fee capped at ₹500 for nil returns and ₹2,000, ₹5,000 or ₹10,000 by turnover slab
  3. Analysis

    Sec 46 applies to any return not filed, including nil returns. The late fee for a nil GSTR-3B is capped at ₹500 per return. Example: 6 months of nil returns pending cost up to ₹3,000. If the business will not restart, apply for cancellation after filing so the notices stop.

  4. Conclusion

    1. File all pending nil returns, oldest first.
    2. Pay the nil late fee.
    3. Decide whether to keep the registration.
    4. If not, apply for cancellation in REG-16.

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