Composition Scheme Dealer

[Vikas Kapoor]

Pls suggest on the following GST related problem.

1) A person was registered under Composition Scheme

2) However due to lack of knowledge he issued B2B TAX Invoices charging 5% GST

3) He did not paid the GST Amount to the Government

4) No GST return was filed since begining July 2017

5) Due to non filing of GST Return his registeration was cancelled in March, 2019

Now the problems:

1) Revocation can not be applied unless all the returns are filed

2) He can file only GSTR 4 since he is registered under Composition Scheme

3) But if GSTR 4 is filed than GST Input will not be available because it will not apear in GSTR 2 of buyer and GSTN of the assessee will show he is a composition dealer and thus could not issue TAX Invoice

4) If composition return is filed than what will be the amount of TAX to be paid

a) 1% of Turnover OR (b) 5% that is charged in TAX invoice issued

Now my Question is, 'WHAT PROCESS IS TO BE FOLLOWED TO CORRECT THE ABOVE SITUATION'

AI Summary

GST Composition Scheme: Rectify Errors by Depositing Collected GST, Filing Returns, and Applying for Revocation of Canceled Registration A person registered under the GST Composition Scheme mistakenly issued B2B tax invoices charging 5% GST, did not pay the collected GST to the government, and failed to file returns since July 2017, leading to registration cancellation in March 2019. To rectify this, it is advised to first ensure the GST account is active. If open, the person must deposit the incorrectly collected GST with 24% interest and a penalty, pay 1% of turnover with 18% interest, and settle late fees. Afterward, file all GSTR-4 returns and apply for revocation of the canceled registration using Form REG-21.