Chapter III of CGST Rules,
2019
REGISTRATION
1[Rule 21A. Suspension of registration (corresponding section 29)
(1) Where a registered person has
applied for cancellation of registration under
rule 20, the registration shall
be deemed to be suspended from the date of submission of the application or the
date from which the cancellation is sought, whichever is later, pending the
completion of proceedings for cancellation of registration under
rule 22.
(2) Where the proper officer has reasons to believe that the registration of a
person is liable to be cancelled under
section 29 or under
rule 21, he may,[helldod 3omit[after affording the said person a reasonable opportunity of being heard]
helldod], suspend
the registration of such person with effect from a date to be determined by him,
pending the completion of the proceedings for cancellation of registration under
rule 22.
*4[(2A) Where, a comparison of the returns furnished by a registered person under section 39 with
(a) the details of outward
supplies furnished in
FORM GSTR-1; or
(b) the details of inward supplies derived based on the details of outward
supplies furnished by his suppliers in their
FORM
GSTR-1,
or such other analysis, as may be
carried out on the recommendations of the Council, show that there are
significant differences or anomalies indicating contravention of the provisions
of the Act or the rules made thereunder, leading to cancellation of registration
of the said person, his registration shall be suspended and the said person
shall be intimated in
FORM GST REG-31,
electronically, on the common portal, or by sending a communication to his
e-mail address provided at the time of registration or as amended from time to
time, highlighting the said differences and anomalies and asking him to explain,
within a period of thirty days, as to why his registration shall not be
cancelled.]
(3) A registered person, whose registration has been suspended under sub-rule
(1) or sub-rule (2) 4[or sub-rule (2A)], shall not make any taxable supply during the period of
suspension and shall not be required to furnish any return under
section 39.
4[(3A) A registered person, whose registration has been suspended under sub-rule (2) or sub-rule (2A), shall not be granted any refund under section 54, during the period of suspension of his registration.]
2[Explanation.-For
the purposes of this sub-rule, the expression “shall not make any taxable
supply” shall mean that the registered person shall not issue a tax invoice and,
accordingly, not charge tax on supplies made by him during the period of
suspension]
(4) The suspension of registration under sub-rule (1) or sub-rule (2)
4[or sub-rule (2A)] shall be
deemed to be revoked upon completion of the proceedings by the proper officer
under rule 22 and such revocation shall
be effective from the date on which the suspension had come into effect.]
4[Provided that the suspension of registration under this rule may be revoked by the proper officer, anytime during the pendency of the proceedings for cancellation, if he deems fit.]
5[Provided further that where the registration has been suspended under sub-rule (2A) for contravention of the provisions contained in clause (b) or clause (c) of sub-section (2) of section 29 and the registration has not already been cancelled by the proper officer under rule 22, the suspension of registration shall be deemed to be revoked upon furnishing of all the pending returns.]
2[5)
Where any order having the effect of revocation of suspension of registration
has been passed, the provisions of clause (a) of sub-section (3) of
section 31 and
section 40 in
respect of the supplies made during the period of suspension and the procedure
specified therein shall apply.]
1. Inserted Vide :- Notification No. 3/2019-Central Tax Dt.29.01.2019 [Para 6]
2.Inserted Vide :- Notification No. 49/2019-Central Tax Dt.09.10.2019 [Para 2(a), 2(b)]
3. Omitted Vide :- Notification No. 94/2020-Central Tax Dt.22.12.2020 [Para 5]
4. Inserted Vide :- Notification No. 94/2020-Central Tax Dt.22.12.2020 [Para 5]
5. Inserted Vide :- Notification No. 14/2022-Central Tax Dt.05.07.2022 [Para 2]