GST

Retrospective cancellation of GST registration

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Sec 29(2) allows cancellation from a back date. Courts have said this needs reasons, not a mechanical order. A back-dated cancellation can put your buyers' ITC at risk for that period.

Provisions

Sec 29(2), CGST Act 2017; Sec 16(2)(c), CGST Act 2017

Analysis

If you filed returns and paid tax for those two years, a retrospective date harms your genuine buyers, which is a strong ground in appeal. Ask why that date was chosen. If the order gives no reasons for the back date, that itself is a point to raise. Keep proof of returns filed and tax paid for each month.

Close

  1. Read the order for the effective date and reasons.
  2. Collect proof of returns filed and tax paid.
  3. File an appeal or revocation as applicable, challenging the back date.
  4. Inform key buyers so they are not caught off guard.

Ignoring a back-dated cancellation can lead to buyers' ITC being questioned and claims against you.

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