Question
What is remedy if the assesses not able to pay the duty of last six months within time limit stipulated under Section 30 of CGST,2017 and there registration has been cancellation after completion of 30 days.
Answer
Application for revocation of cancellation of
registration is to be filed as per Rule 23 of CGST Rules reproduced as follows:
A registered person, whose registration is cancelled by the proper officer on
his own motion, may submit an application for revocation of cancellation of
registration, in FORM GST REG-21, to such proper officer, within a period of
thirty days from the date of the service of the order of cancellation of
registration at the common portal, either directly or through a Facilitation
Centre notified by the Commissioner:
Provided that no application for revocation shall be filed, if the registration
has been cancelled for the failure of the registered person 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.
In your case assessee has not paid the tax of last six months within the time
limit stipulated therefore his registration has been cancelled by Proper
officer.
Now as per aforesaid Rule the assessee can file an application for revocation
but only after he has furnished all returns along with payment of tax, interest,
penalty etc. (Reply dt.27/12/2018)