GST
Charging GST after registration is cancelled
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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.
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
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.
Conclusion
- Stop issuing tax invoices from the cancelled GSTIN.
- For bills already issued, either refund the GST to the buyer or deposit it.
- If depositing, use DRC-03 with the reason.
- 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.
A Savvy can do this for you
Cancellation of registration REG-16 and revocation REG-21
₹2,499
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