Section 30 of GST – Revocation of cancellation

Section 30 of GST – Revocation of cancellation of registration. Everything you want to know about for GST Section 30, this section is provide all details for Revocation of cancellation of registration. Detailed Analysis of GST Section 30 of GST Act 2017 – Revocation of cancellation of registration under GST Law. 

Must Read – List of all sections of GST

Section 30 of GST – Revocation of cancellation of registration

(1) Subject to such conditions as may be prescribed, any registered person, whose registration is cancelled by the proper officer on his own motion, may apply to such officer for revocation of cancellation of the registration in the prescribed manner within thirty days from the date of service of the cancellation order.

(2) The proper officer may, in the manner and within such period as may be prescribed, by order, either revoke cancellation of the registration or reject the application:

Provided that the application for revocation of cancellation of registration shall not be rejected unless the applicant has been given an opportunity of being heard.

(3) The revocation of cancellation of registration under the State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a revocation of cancellation of registration under this Act.

Related provisions of the Statute

Section or Rule Description
Section 22 Persons liable for registration
Section 24 Compulsory registration in certain cases
Section 25 Procedure for registration
Section 29 Cancellation of registration

Analysis

Any registered taxable person, whose registration is cancelled, subject to prescribed conditions and circumstances, may apply to proper officer for revocation of cancellation of the registration within 30 days from the date of service of the cancellation order. The proper officer may in prescribed manner and within prescribed period, by an order, either revoke cancellation of the registration, or reject the application for revocation for good and sufficient reasons.

The proper officer shall not reject the application for revocation of cancellation of registration without giving a show cause notice and without giving the person a reasonable opportunity of being heard.

Revocation of cancellation of registration under State Goods and Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a revocation of cancellation of registration under the Central Goods and Services Tax Act.

Rule 23 of the CGST Rules, 2017, provides for process of revocation of cancellation of registration and includes the following:

  • Application for revocation or cancellation of registration shall be made within 30 days of date of service of cancellation order.
  • No application for revocation shall be filed, if the registration has been cancelled for the failure to furnish returns, unless such returns are furnished and any amount due as tax, in terms of such returns, has been paid along with any amount payable towards interest, penalty and late fee in respect of the said returns.
  • Revocation of cancellation under CGST will be a deemed revocation under SGST and vice-versa.
  • Upon receipt of the information or clarification, the proper officer shall proceed to dispose of the application within a period of thirty days from the date of the receipt of such information of clarification from the applicant.

Government has issued a Removal of Difficulty Order No. 05/2019-Central Tax, dated 23rd April, 2019, wherein persons whose registrations were cancelled under sub-section (2) of section 29 of the said Act after they were served notice in the manner provided in section clause (c) and clause (d) of sub-section (1) of section 169 of the said Act and who could not reply to the said notice and for whom cancellation order was passed up to 31st March, 2019, were given one time opportunity to apply for revocation of cancellation of registration on or before the 22nd July, 2019. Further, vide notification No. 20/2019-Central Tax, dated the 23rd April 2019, two provisos have been inserted in sub-rule (1) of rule 23 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as “the said Rules”).

CBIC further issued clarification vide Circular No. 99/18/2019 dated 23rd April 2019 clarifying the procedure and time limit for revocation of cancellation of registration as per Removal of Difficulty Order No. 05/2019-Central Tax, dated 23rd April, 2019.

Rule 26 of the CGST Rules, 2017, provides for the method of authentication:

1. All applications, including reply, if any, to the notices, returns including the details of outward and inward supplies, appeals or any other document required to be submitted under the provisions of these rules shall be so submitted electronically with digital signature certificate or through e-signature as specified under the provisions of the Information Technology Act, 2000 or verified by any other mode of signature or verification as notified by the Board in this behalf. Provided that a registered person registered under the provisions of the Companies Act, 2013 shall furnish the documents or application verified through digital signature certificate.

2. Each document including the return furnished online shall be signed or verified through electronic verification code-

(a) in the case of an individual, by the individual himself or where he is absent from India, by some other person duly authorized by him in this behalf, and where the individual is mentally incapacitated from attending to his affairs, by his guardian or by any other person competent to act on his behalf;

(b) in the case of a HUF, by a Karta and where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other adult member of such family or by the authorized signatory of such Karta;

(c) in the case of a Company, by the chief executive officer or authorized signatory thereof;

(d) in the case of a Government or any Governmental agency or local authority, by an officer authorized in this behalf;

(e) in the case of a firm, by any partner thereof, not being a minor or authorized signatory thereof;

(f) in the case of any other association, by any member of the association or persons or authorized signatory thereof;

(g) in the case of a trust, by the trustee or any trustee or authorized signatory thereof; or

(h) in the case of any other person, by some person competent to act on his behalf, or by a person authorized in accordance with the provisions of section 48.

It is also provided that all notices, certificates and orders under the provisions of this Chapter shall be issued electronically by the proper officer or any other officer authorised to issue such notices or certificates or orders, through digital signature certificate or through E-signature as specified under the provisions of the Information Technology Act, 2000 (21 of 2000) or verified by any other mode of signature or verification as notified by the Board in this behalf.

Comparative Review

 Under erstwhile law, the threshold limit for registration under Central Excise was ` 1.5 crore (this is optional), under service tax was ` 10 lacs and under many State VAT laws between ` 5 – 10 lacs.

Section in CGST Ac Title Corresponding Section in Central Excise Act, 1944 Corresponding Section in Finance Act, 1994 VAT/New Provision
22 Registrations Section 6 of CEA,1944 read with Rule 9 of Central Excise Rules, 2002 Section 69 of the Finance Act, 1994 read with Rule 4 of Service Tax Rules, 1994   Different States have different provisions under their Acts.

Frequently Asked Questions

Who is the person liable to take a registration under the GST Law?

In terms of sub-sections (1) of sections 22 of the CGST Act, every supplier making taxable supplies is liable for registration if his aggregate turnover in a financial year exceeds ` 20 lakhs.

What is the time limit for taking a registration under GST Law?

Every person should take registration, within 30 days from the date on which he becomes liable for registration, in such manner and subject to such conditions as may be prescribed. Provided casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business.

If a person is operating in different States, with the same PAN, whether he can operate with a single registration?

Every person who is liable to take a registration will have to get registered separately for each of the States where he has a business operation and is liable to pay GST in terms of subs-section (1) of sections 25 of CGST Act.

Whether a person having multiple places of place of business in a State can obtain different registrations?

In terms of sub-sections (2) of sections 25, a person having multiple places of business in a State may obtain a separate registration for each such place of business, subject to such conditions as may be prescribed.

Is there a provision for a person to get himself registered voluntarily though he may not be liable to pay GST?

In terms of sub-section (3) of section 25 a person, though not liable to be registered under section 22, may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered taxable person, shall apply to such person.

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