Circular No. 99/18/2019-GST
Page 1 of 2
F. No. CBEC – 20/16/04/2018 – GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
****
New Delhi, Dated the 23rd April 2019
To,
The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners /
Commissioners of Central Tax (All)
The Principal Director Generals / Director Generals (All)
Madam/Sir,
Subject: Clarification regarding filing of application for revocation of cancellation of
registration in terms of Removal of Difficulty Order (RoD) number 05/2019-Central
Tax dated 23.04.2019 – Reg.
Registration of several persons was cancelled under sub-section (2) of section 29 of
the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the said Act”) due
to non-furnishing of returns in FORM GSTR-3B or FORM GSTR-4. Sub-section (2) of
section 29 of the said Act empowers the proper officer to cancel the registration, including
from a retrospective date. Thus registration have been cancelled either from the date of order
of cancellation of registration or from a retrospective date.
2.
Representations have been received that large number of persons whose registration
were cancelled could not apply for revocation of the said cancellation of registration within
the period of 30 days as provided in sub-section (1) of section 30 of the said Act.
Accordingly, a Removal of Difficulty Order (RoD) number 05/2019-Central Tax dated the
23rd April, 2019 has been issued wherein persons whose registrations have been cancelled
under sub-section (2) of section 29 of the said Act after they were served notice in the manner
provided in section clause (c) and clause (d) of sub-section (1) of section 169 of the said Act
and who could not reply to the said notice and for whom cancellation order has been passed
up to 31st March, 2019, have been given one time opportunity to apply for revocation of
cancellation of registration on or before the 22nd July, 2019. Further, vide notification No.
20/2019-Central Tax, dated the 23rd April, 2019, two provisos have been inserted in sub-rule
(1) of rule 23 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as
Circular No. 99/18/2019-GST
Page 2 of 2
“the said Rules”). In the light of these changes and in order to ensure uniformity in the
implementation of the provisions of the law, the Board, in exercise of its powers conferred by
section 168 (1) of the said Act, hereby clarifies the issues relating to the procedure for filing
of application for revocation of cancellation of registration.
3.
First proviso to sub-rule (1) of rule 23 of the said Rules provides that if the
registration has been cancelled on account of failure of the registered person to furnish
returns, no application for revocation of cancellation of registration shall be filed, unless such
returns are furnished and any amount in terms of such returns is paid. Thus, where the
registration has been cancelled with effect from the date of order of cancellation of
registration, all returns due till the date of such cancellation are required to be furnished
before the application for revocation can be filed. Further, in such cases, in terms of the
second proviso to sub-rule (1) of rule 23 of the said Rules, all returns required to be furnished
in respect of the period from the date of order of cancellation till the date of order of
revocation of cancellation of registration have to be furnished within a period of thirty days
from the date of the order of revocation.
4.
Where the registration has been cancelled with retrospective effect, the common
portal does not allow furnishing of returns after the effective date of cancellation. In such
cases it was not possible to file the application for revocation of cancellation of registration.
Therefore, a third proviso was added to sub-rule (1) of rule 23 of the said Rules enabling
filing of application for revocation of cancellation of registration, subject to the condition that
all returns relating to the period from the effective date of cancellation of registration till the
date of order of revocation of cancellation of registration shall be filed within a period of
thirty days from the date of order of such revocation of cancellation of registration.
5
The above provisions are explained, by way of an Illustration in Annexure, for better
clarity.
6.
It is requested that suitable trade notices may be issued to publicize the contents of
this circular.
7.
Difficulty, if any, in the implementation of this circular may be brought to the notice
of the Board immediately. Hindi version follows.
(Upender Gupta)
Principal Commissioner (GST)
Circular No. 99/18/2019-GST
Annexure
Return
not
furnishe
d from
Date of order
of
cancellation
of
registration
Cancellation
of
registration
effective from
Date of
filing of
application
for
revocation
of
cancellatio
n of
registration
as per RoD
(to be filed
on or
before the
22nd July,
2019)
Returns to be
furnished before
filing the
application for
revocation of
cancellation of
registration
Date of order
of revocation
of cancellation
of registration
Date of furnishing
returns for period
b/w date of order
of cancellation of
registration and
date of revocation
of cancellation of
registration
(to be filed within
thirty days from
the date of order
of revocation of
cancellation of
registration)
Returns to be furnished
within thirty days from
date of order of revocation
of cancellation of
registration
July, 18
01st March, 19 01st March, 19
30th May,
19
Returns due till 01st
March, 19
(i.e. July, 18 to
January, 19)
01st June, 19
01st July, 19
Returns due till 01st June,
19
(i.e. February, 19 to April,
19)
July, 18
22nd March,
19
22nd March,
19
20th June,
19
Returns due till 22nd
March, 19
(i.e. July, 18 to
February, 19)
22nd June,19
22nd July, 19
Returns due till 21st June,
19
(i.e. March, 19 to May, 19)
July, 18
01st March, 19
01st July, 18
30th May,
19
NA
01st June,19
01st July, 19
Returns due till 01st June,
19
(i.e. July, 18 to April, 19)
