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Published on:
March 21, 2023
By
Harshini

GSTINs suspended: Advisory on “Initiating Drop Proceeding” by taxpayers

As per the GST Act, a GSTIN (Goods and Services Tax Identification Number) can be suspended in case of non-compliance or violation of the GST law. In such cases, the GST department initiates proceedings to suspend the GSTIN and notifies the taxpayer.

In order to prevent further compliance issues and legal implications, the GST department has advised taxpayers to initiate "drop proceedings" for GSTINs that have been suspended. This means that the taxpayer can voluntarily cancel the GST registration of the suspended GSTIN.

By doing so, the taxpayer can avoid any further legal action or penalty imposed by the GST department for non-compliance or violations of the GST law. Additionally, it also helps in avoiding the accumulation of GST liabilities and interest on such liabilities.

However, it is important to note that once a GST registration is cancelled, the taxpayer will not be able to claim input tax credit or issue tax invoices. Therefore, taxpayers are advised to carefully evaluate their decision to initiate drop proceedings for a suspended GSTIN and seek professional advice if required.

When a GSTIN is suspended, the taxpayer cannot carry out any transactions or file any returns until the suspension is lifted. In order to avoid further legal action, it is advisable for the taxpayer to initiate drop proceedings for the suspended GSTIN.

Initiating drop proceedings means that the taxpayer voluntarily surrenders the GST registration of the suspended GSTIN. This can be done by filing an application for cancellation of registration under the GST Act.

Once the application for cancellation of registration is filed, the GST department will verify the same and if satisfied, cancel the GST registration. The taxpayer will then receive a notification regarding the cancellation of registration.

It is important to note that once the registration is cancelled, the taxpayer cannot claim input tax credit or issue tax invoices. Therefore, it is essential for the taxpayer to evaluate their decision to initiate drop proceedings and seek professional advice if required.

In summary, initiating drop proceedings for suspended GSTINs is an important step towards avoiding further legal action and ensuring compliance with the GST law. However, it is crucial to carefully consider the decision to initiate drop proceedings and seek professional advice before doing so.

Initiating Drop Proceeding by taxpayers

When a GSTIN is suspended, the taxpayer is required to take necessary action to have the suspension revoked by the proper officer. If the taxpayer fails to take such necessary action within the stipulated time period, the proper officer may initiate the process of cancellation of registration.

However, before the proper officer initiates the cancellation of registration, the taxpayer has the option to initiate a "drop proceeding" by filing an application for cancellation of registration. The application should be filed through the GST portal in Form REG-16.

By filing the application for cancellation of registration, the taxpayer can avoid the initiation of the cancellation process by the proper officer, which can be a lengthy and cumbersome process. It is important to note that the drop proceeding should be initiated only when the taxpayer intends to close down the business or when the registration is no longer required.

FAQs

Q: What does it mean when a GSTIN is suspended?

A: A GSTIN (Goods and Services Tax Identification Number) may be suspended for various reasons such as non-compliance or non-filing of GST returns, non-payment of GST liabilities, or any other non-compliance with GST provisions.

Q: What should a taxpayer do if their GSTIN is suspended?

A: If a taxpayer's GSTIN is suspended, they should immediately take corrective action to rectify the non-compliance that led to the suspension of their GSTIN. This may involve filing any pending GST returns, paying any outstanding GST liabilities, or rectifying any other non-compliance with GST provisions.

Q: What is "Initiating Drop Proceeding" by taxpayers?

A: "Initiating Drop Proceeding" refers to the process by which a taxpayer voluntarily surrenders their GST registration, either because they are no longer liable to register for GST, or because they are unable to comply with the GST provisions. This can be done through the GST portal.

Q: Is "Initiating Drop Proceeding" mandatory for taxpayers with suspended GSTINs?

A: "Initiating Drop Proceeding" is not mandatory for taxpayers with suspended GSTINs. However, if a taxpayer is unable to rectify the non-compliance that led to the suspension of their GSTIN, they may choose to initiate drop proceedings voluntarily to avoid any penalties or legal action that may be taken against them for non-compliance.

Q: Can a taxpayer apply for a new GST registration if their previous GSTIN was suspended?

A: No, a taxpayer whose GSTIN has been suspended cannot apply for a new GST registration until they have rectified the non-compliance that led to the suspension of their previous GSTIN. Once the non-compliance has been rectified, the taxpayer can apply for the revocation of their suspended GSTIN.

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Updated on:
March 16, 2024