TMI BlogClarification regarding extension of time limit to apply for revocation of cancellation of registration in view of Notification No. 34/2021-State Tax dated 7th September, 2021X X X X Extracts X X X X X X X X Extracts X X X X ..... cancellation of registration in view of Notification No. 34/2021-State Tax dated 7th September, 2021 - Reg. Ref : (1) Circular No. 158/14/2021-GST dated 6th September, 2021 issued by the CBIC (2) Notification no. 34/2021 -State Tax dated 7th September, 2021 (3) Circular No. 11T of2021 dated 15th June, 2021. Central Board of Indirect Taxes and Customs (CBIC) has issued the above referred circular. For the uniformity, it has been decided that the said circular issued by the CBIC is being made applicable, mutatis mutandis, in implementation of the MGST Act, 2017. Copy of the referred CBIC circular is attached herewith. It has already been clarified through circular no. 11T of 2021 that the jurisdict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircular No. 148/04/2021-GST, dated 18th May, 2021, detailed guidelines for implementation of the provision of extension of time limit to apply for revocation of cancellation of registration under section 30 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the CGST Act / said Act ) and rule 23 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the CGST Rules ) have been specified, till the time an independent functionality for extension of time limit for applying in FORM GST REG-21 is developed on the GSTN portal. It may be noted that notification No.14/2021-Central Tax, dated 1st May, 2021, as amended, had, inter-alia, extended the date of filing of application for revocation of cancel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clarified that the benefit of said notification is extended to all the cases where cancellation of registration has been done under clause (b) or clause (c) of sub-section (2) of section 29 of the CGST Act, 2017 and where the due date of filing of application for revocation of cancellation of registration falls between 1st March, 2020 to 31st August, 2021. It is further clarified that the benefit of notification would be applicable in those cases also where the application for revocation of cancellation of registration is either pending with the proper officer or has already been rejected by the proper officer. It is further clarified that the benefit of notification would also be available in those cases which are pending with the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In such cases, taxpayer may file a fresh application for revocation and the officer shall process the application for revocation considering the extended timelines as provided vide the said notification. (iv) application for revocation of cancellation of registration was filed, the proper officer rejected the application and appeal against the rejection order is pending before appellate authority- In such cases, appellate authorities shall take the cognizance of the said notification for extension of timelines while deciding the appeal. (v) application for revocation of cancellation of registration was filed, the proper officer rejected the application and the appeal has been decided against the taxpayer- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded up to 30th September, 2021 only; and (ii) where the time period of thirty days since cancellation of registration has not lapsed as on 1st January, 2021 or where the registration has been cancelled on or after 1st January, 2021, the time limit for applying for revocation of cancellation of registration shall stand extended as follows: (a) Where the time period of 90 days (initial 30 days and extension of 30 + 30 days) since cancellation of registration has elapsed by 31.08.2021, the time limit to apply for revocation of cancellation of registration stands extended upto 30th September 2021, without any further extension of time by Joint Commissioner/ Additional Commissioner/ Commissioner. (b) Where the time period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
