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Issue ID: 117548
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GST Cancellation

Date 05 Oct 2021
Replies6 Replies
Views 1295 Views
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)

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

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Replied on Oct 5, 2021
1.

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.

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Replied on Oct 5, 2021
2.

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..

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Replied on Oct 5, 2021
3.

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

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Replied on Oct 5, 2021
4.

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

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Replied on Oct 5, 2021
5.

I agree withe views of all the experts.

Like 0
Replied on Oct 9, 2021
6.

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

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