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GST Cancellation

Karan Bansal

If GSTIN is cancelled, can there still be a penalty?

Penalty recovery after GST registration cancellation remains possible where liabilities were incurred during registration and quantified beforehand. Cancellation of GST registration does not extinguish liabilities or penalties incurred during the period of registration; where a penalty has been properly quantified by order, it remains collectible after cancellation, subject to the applicable limitation period and procedural requirements for issuing a demand. (AI Summary)
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Rajagopalan Ranganathan on Oct 5, 2021

Sir,

If the penalty is quantified before cancellation of registration through proper order then the same can be collected from you even after cancellation of registration.

KASTURI SETHI on Oct 5, 2021

Yes. Penalty is imposed upon the person for the offences committed during the period that person remained registered.

Cancellation of registration does not mean the offender is absolved of the offence committed during the period when he was registered. 'Time factor' does not reduce the gravity of the offence or economic crime committed..

KASTURI SETHI on Oct 5, 2021

Cancellation of registration does not mean clean chit to the accused/noticee.

Shilpi Jain on Oct 5, 2021

Yes. The department can issue a demand until the period of limitation under the law u/s 73 & 74.

Ganeshan Kalyani on Oct 5, 2021

I agree withe views of all the experts.

Rupali Gupta on Oct 9, 2021

Yes, I agree with experts, prior dues including penalty will not be affected because of GST cancellation.

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