Answer

GST

Charging GST after registration is cancelled

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  1. Facts

    Once registration is cancelled, you are not a registered person and cannot collect GST under Sec 32. Tax collected anyway must be deposited under Sec 76. The buyer cannot get ITC on such a bill.

  2. Provisions and law

    • Sec 32, CGST Act 2017An unregistered person shall not collect tax
    • Sec 76, CGST Act 2017Tax collected from a buyer must be paid to the government even if not due
  3. Analysis

    Say you added ₹9,000 GST on a ₹50,000 bill after cancellation. That ₹9,000 must go to the government under Sec 76, or be refunded to the buyer with a revised bill without tax. The buyer's ITC will fail because your GSTIN is cancelled. Fix it quickly to avoid penalty.

  4. Conclusion

    1. Stop issuing tax invoices from the cancelled GSTIN.
    2. For bills already issued, either refund the GST to the buyer or deposit it.
    3. If depositing, use DRC-03 with the reason.
    4. Apply for revocation or fresh registration if you want to charge GST again.

Collecting GST without a valid registration can attract penalty under Sec 122.

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