Section 29(1) of the CGST Act relates with the provisions regarding the cancellation of registration under the GST Act. According to this section, a proper officer can cancel the GST Registration either on:
- its own accord or
- an application filed by the registered person or an
- application filed by the legal heirs in case of the death of the registered person
Furthermore, cancellation of GST registration takes place on several grounds. These could include:
- the non-compliance of GST rules by a registered person,
- unfurnished returns for a continuous period etc.
Thus, there is a proper procedure for the cancellation of the GST registration. So, the registered person files an application for the same in Form GST REG-29. Provided the registered person is the one whose GST registration gets cancelled.
Similarly, such a person is required to file GST Return electronically in Form GSTR-10. This return is also known as final return. So, let’s have a look at what is Form GSTR-10, due date for filing the same and it components.
What is GSTR-10?
GSTR-10 is a final return that a registered person whose GST Registration gets cancelled needs to file. Such a registered person does not include:
- Input Service Distributor
- Person paying tax under composition scheme
- Non-resident taxable person
- Person collecting TDS or TCS
Further, Form GSTR-10 is filed electronically through the common portal either directly or via a facilitation centre as prescribed by the Commissioner. The intent of filing this final return is to make sure that the taxpayer pays of any liability outstanding. This liability may include an amount equivalent to the amount that is higher of:
- input tax related to stock of finished and semi-finished goods, capital goods or plant and machinery or
- output tax payable on such goods
Due Date For Filing GSTR-10
The registered person (whose GST Registration has been cancelled) is required to file final return in Form GSTR-10 within a period which is later of:
- 3 months from the date of cancellation or
- Date of order of cancellation
Penalty For Late Filing of GSTR-10
A notice is issued to the taxpayer in Form GSTR-3A. This is done in case person seeking cancellation of GST Registration does not file the final return in Form GSTR-10 within the prescribed time period.
Further, an assessment order is passed in case such a taxpayer fails to file the return even within 15 days of receipt of such a notice. This assessment order is issued to ascertain the liability of the taxpayer that mentions the tax payable along with interest to be paid by the taxpayer.
Components of GSTR-10
Goods and Services Tax Identification Number (GSTIN) of the person whose GST Registration is cancelled. Each person registered under GST is given state-wise, PAN based GSTIN number. This number gets auto-populated at the time the registered person is filing return for GST.
2. Legal Name
This section showcases the legal name of the e – commerce operator.
3. Trade Name
This part displays the Trade name if any of the entity of the registered person.
4. Address for Future Correspondence
This part displays the address of the registered person for any future correspondence.
5. Application Reference Number (ARN)
This section indicates the Application Reference Number (ARN)of surrender application, if any. This number refers to the Application Reference Number (ARN). This number needs to be furnished once the application for GST registration cancellation is approved by the tax authorities. Further, the tax authorities convey ARN number to the taxpayer at the time of passing the cancellation order.
6. Effective Date of Surrender or Cancellation of Registration
In this section, the taxpayer needs to provide the date from which registration is to be cancelled as per the order.
7. Whether Cancellation Order is Passed
Here, the taxpayer needs to mention if the return is filed on the basis of the cancellation order passed by the tax authority or at his own discretion.
8. If Yes, Unique ID of Cancellation Order
In this section, the taxpayer will give the Unique ID of the cancellation order in case the same has been passed by the tax authorities. The taxpayer will be given the unique ID by the tax authority at the time when the tax authorities issue cancellation order.
9. If Yes, Unique ID of Cancellation Order
This section would include the date on which the tax authorities pass the GST registration cancellation order.
10. Particulars of Closing Stock Held on Due Date of Surrender or Cancellation
In this section, the taxpayer needs to provide the details of the closing stock held at the time of winding up the business. Further, the input tax credit already standing against such a stock needs to be paid to the tax authorities at the time of filing the return
10A. Amount of Tax Liability To Be Discharged By The Registered Taxpayer
Finally, table 10A reflects the amount of tax liability to be discharged by the registered taxpayer. This liability refers to the amount that is higher of:
- Input tax credit on closing stock of finished and semi-finished goods, capital goods or plant and machinery or
- output tax payable on such goods
In the end, the return is verified by an authorized signatory. This authorized signatory must be a resident in India having a valid PAN number and who acts on behalf of the Non – Resident Taxable Person.