applications for cancellation of gst reg.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

31 December 2018 Dear Sir & Madam,
With reference to Circular No.69/43/2018-GST dtd.26.10.2018 with circumstance f. Any other reason (to be specified in the application).

We have received provisional GSTIN 24AAFFE5753M1Z6 under migration but somehow the process of migration has not completed which we came to know at the time of Internal audit, in the month of June 2018 by some misunderstanding our consultant not completed migration procedure. We have submitted our query with Grievance Redressal Portal and we have received reply dtd.12.06.2018 that “as per the provision of GST Rules, the functionality of migration through “FORM REG-26 has been closed now. Apply for new registration under the provisions of CST act.” Mean time we have contacted local SGST authority and Nodal officer Valsad against our letter dated 11.06.2018 verbally Nodal Officer advise us to apply for fresh GST registration. We cannot stop our business for non-fulfillment of migration procedure under GST, as our customer start complaining that they cannot view supply made by us in their GSTR-2A, which was not possible because migration process was stop. Accordingly we have applied for new GST registration number on dtd.30.06.2018 and received new GSTIN No.24AAFFE5753M2Z5 dtd. 04.07.2018. effective from July 2018. Further as per Notification number 31 dtd. 06.08.2018 we have received E-mail form migration team dated 11.09.2018 accordingly we have completed migration procedure for GSTIN 24AAFFE5753M1Z6 and immediately submitted GSTR-1 & 3B with GST Tax from July 2017 to July 2018 and from Aug. 2018 to Oct. 2018 submitted Nil return. From July 2018 we are holding new GSTIN No.24AAFFE5753M2Z5 dtd. 04.07.2018 accordingly we have inform our supplier and customer to consider our New GSTIN 24AAFFE5753M2Z5, we are in business of job-work (i.e. we are coating implants received from our customer and supply the same on payment of GST on our process charge) now we cannot hold with two GSTIN for same business and same premises and hence we are applying to cancelled migrated GSTIN

24AAFFE5753M1Z6 which we are not using. We have paid all GST Tax and submitted
GSTR -1 & 3B with late fee but as per Recommendations on opening of migration window for tax payers till 31 August ,2018 Posted On: 21 JUL 2018 8:25PM by PIB Delhi “It has also been decided to waive the late fee payable for delayed filing of return in such cases. Such taxpayers are required to first file the returns on payment of late fees, and the waiver will be effected by way of reversal of the amount paid as late fees in the cash ledger under the tax head.” Which should be credited to our Electronic Cash ledger by issuing us refund of same amounting to Rs.78120/- which we have paid as late fee and oblige. Further regarding input tax contained in the stock of imputes, semi-finished goods, finished goods and capital goods consider for new GSTIN No.24AAFFE5753M2Z5 dtd. 04.07.2018 and accordingly submitting GSTR-1, & 3B and also paying the GST on job-work process charge and availing inputs, input services and capital goods tax credit. And hence we are not liable to pay or reverse tax on the closing stock and on capital goods as it has considered in the new GSTIN No.24AAFFE5753M2Z5 dtd. 04.07.2018

We have submitted on line Form GST REG-16 copy of same enclosed for your further disposal please.
Now my Query is
1. Will Tax officer will grant cancellation of Reg. No.24AAFFE5753M1Z6?
2.As we have consider closing stock & machinery to new Number 24AAFFE5753M2Z5 dtd. 04.07.2018 with passing JV will it be acceptable with all above story happen with our registration?

Thanking you and awaiting fro your early reply please.

CA Mohit Bansal

CA Mohit Bansal (Expert)
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31 December 2018 Yes. Your old number can be cancelled provided there is no input tax credit carry forward and the stock of the firm is nil. You may make the stock nil by showing sale from old to new number