Answer

GST

Non-filing of CMP-08 and cancellation risk

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  1. Facts

    Yes. Sec 29(2) allows the officer to cancel registration of a composition taxpayer who does not file returns within the specified time, after a show cause notice.

  2. Provisions and law

    • Sec 29(2), CGST Act 2017The officer may cancel registration for reasons such as non-filing of returns, business not conducted from the declared place, or registration obtained by fraud.
    • Sec 39(2), CGST Act 2017A composition taxpayer furnishes a statement every quarter (CMP-08) and a return every year (GSTR-4).
    • Rule 62, CGST Rules 2017A composition taxpayer files CMP-08 by the 18th of the month after each quarter and GSTR-4 by 30 June after the year (Notification 12/2024-CT).
  3. Analysis

    Before cancellation you get a REG-17 notice and a chance to reply. File all pending CMP-08s and GSTR-4s with interest and late fee to show compliance. A cancelled registration can be revoked within the time allowed if you file all returns. Also remember returns cannot be filed after three years from their due date.

  4. Conclusion

    1. List pending CMP-08 and GSTR-4.
    2. File them with interest and late fee.
    3. Reply to any REG-17 notice within time.
    4. Keep acknowledgements.

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