An assessee registration was cancelled suo-moto by department for non-filling of GST Returns and there existed no pending tax,interest or penalty etc.
Can such assessee after cancellation issue non-GST invoices for its ordinary business?
Other facts:
Turnover 1st Year: 38 Lakhs
Turnover 2nd Year: 12 Lakhs
Turnover 3rd Year: 5 Lakhs (This was the year when registration was suo-moto cancelled)
5 Replies
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 10 August 2022
Yes assessee can issue invoice also after cancellation of GST .
Ankit Tandon
(Student)
(53 Points)
Replied 10 August 2022
In the given case, does liability to apply for revocation of Cancellation certificate or apply for fresh registration exists (seeing the turnovers) ?
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 11 August 2022
No you need to want to register. But pay whole tax on stock available on date of closure.
Ankit Tandon
(Student)
(53 Points)
Replied 11 August 2022
So, an assessee can be required to obtain compulsory registration in a year, when turnover is more than 20 Lakhs and can also apply for cancellation of registration when turnover falls below 20 Lakhs in previous year and also not expected in current year. This can continue for any number of time? (Assessese is in service industry, so no issue with stocks and fixed assets.)
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 11 August 2022
He can do so but department will not allow frequent closure and registration, they can conduct scrutiny or audit for frequent cancellation and registration. It's not advisable
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