GST
Business dormant and returns not filed
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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.
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
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.
Conclusion
- File all pending nil returns, oldest first.
- Pay the nil late fee.
- Decide whether to keep the registration.
- If not, apply for cancellation in REG-16.
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Non-filing notice
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