Intimation of suspension of GST registration

Intimation of suspension of GST registration

Intimation of suspension of GST registration

Recently, the Central Goods and Services Tax Rules, 2017 were amended. The amendment was notified vide notification no. 94/2020-Central Tax dated 22nd December 2020 introducing the Central Goods and Services Tax (Fourteenth Amendment) Rules, 2020. Vide the said amendment rules, sub-rule (2A) is inserted into rule 21A of the Central Goods and Services Tax Rules, 2017. Accordingly, the newly inserted rule introduces the intimation of suspension of GST registration. The present article briefly explains the new provisions.

Background of the suspension of GST registration

Rule 21A of the Central Goods and Services Tax Rules, 2017 covers the suspension provisions under GST. The gist of the applicable provisions is explained hereunder-

  • As per sub-rule (1) to rule 21A, during the pendency of the cancellation proceedings, the registration of the taxable person will be deemed to be suspended from later of the following dates-
    • The date of submission of the registration cancellation application under rule 20; or
    • The date from which the cancellation is sought.
  • As per sub-rule (2), if the proper officer has an appropriate reason to believe that the GST registration of the person is liable to be cancelled as per section 29 or rule 21. The proper officer can suspend the registration of the person.

New suspension provisions inserted vide the amendment rules

With effect from 22nd December 2020, new sub-rule (2A) is inserted to rule 21A. As per new sub-rule, the registration of the person will be suspended if significant irregularities/ differences are observed while comparing-

  1. The return filed by the registered person under section 39 and the details of outward supplies filed in Form GSTR-1; or
  2. The return filed by the registered person under section 39 and the details of inward supplies derived on the basis of the outward supplies’ details filed in Form GSTR-1 by the supplier.
  3. Such other analysis

Intimation of the suspension of the GST registration, on the basis of any of the above difference, will be communicated to the registered person in Form GST REG-31. Notably, the suspension will be effective from the date of the communication of the same in Form GST REG-31 to the taxable person.

Receipt of Form GST REG-31 and action thereon

The significant differences/ irregularities as mentioned above and the counter suspension of GST registration will be intimated to the respective registered person in Form GST REG-31. Communication of the intimation in Form GST REG-31 will be by both or any of the following way-

  • Electronically, on the common portal i.e. GST portal; or
  • Via registered e-mail address of the taxpayer.

On receipt of intimation in Form GST REG-31, the registered person should appropriately reply explaining the specific differences/ irregularities. The registered person should file the said reply within a period of thirty days.

On being satisfied, the proper officer will order revocation of the suspension of registration. Accordingly, the proper officer will drop the proceedings by passing an order in Form GST REG-20. However, if the proper officer is not satisfied, the suspended registration will be cancelled.

The consequence of suspension of GST registration

During the suspension period, the registered person will face the following consequence-

  • The person cannot make any taxable supply as per GST provisions.
  • The person requires not to file applicable GST return under section 39 of the Central Goods and Services Tax Act, 2017.
  • Grant of refund under section 54 is not possible to the person during the period of suspension.

Post by poonamgandhi

CA Poonam Gandhi is a Chartered Accountant and a Lawyer. With a wide practice experience and deep understanding of different laws and taxes, she has been an independent professional writer in the field of taxation, finance and laws.