The Central Board of Indirect Taxes and Customs (CBIC) has introduced an amnesty scheme for taxpayers seeking to revoke the cancellation of their GST registration. Registered persons whose registrations were cancelled on or before 31 December 2022 due to non-filing of returns may apply for revocation of cancellation of their registrations under the scheme until 30 June 2023, provided all pending returns up to the effective date of cancellation of registration are filed and any due tax, interest, penalty, and late fee are paid. This article outlines the key aspects of this scheme, including its eligibility criteria, application process, and the deadline for availing the benefits.
Overview of the Amnesty Scheme
In a bid to provide relief to a large number of taxpayers, the GST Council has recommended an amnesty scheme for those whose registration has been cancelled due to non-filing of returns. This scheme allows eligible persons to file an application for revocation of cancellation within a specified timeframe, subject to certain conditions.
CBIC Notification on Amnesty Scheme
CBIC has issued Notification 3/2023 to introduce an amnesty scheme applicable for registered persons whose registration was cancelled for non-filing of returns and who failed to apply for revocation within the prescribed time limit. The scheme prescribes a special procedure which is to be followed to revoke cancellation of registration until June 30, 2023, i.e. the application for revocation is to be submitted only after filing the pending returns which were due up to the effective date of cancellation of registration and paying any tax, interest, penalty, and late fee.
CBIC Central Tax Notification 3/2023 dated 31/03/2023: Amnesty Scheme to Revoke GST Registration Cancellation
Who Can Avail This Amnesty Scheme?
The amnesty scheme is available to any person whose registration has been cancelled under clause (b) or clause (c) of Section 29(2) of the CGST Act up to 31 December 2022 and who has failed to apply for revocation of cancellation within the time period specified in Section 30 of the CGST Act, 2017.
Additionally, taxpayers whose appeal against the order of cancellation of registration or the order rejecting the application for revocation of cancellation of registration has been rejected due to failure to adhere to the time limit specified in Section 30 of the CGST Act can also avail the benefits of this amnesty scheme, as per explaination in the said Notification.
How to Avail This Amnesty Scheme?
To avail the amnesty scheme, eligible persons must follow the prescribed procedure:
a) File for revocation of cancellation of registration after furnishing all pending returns up to the effective date of cancellation of registration.
b) Make payment of tax, interest, penalty, late fee, etc., if applicable, in respect of the above pending returns.
c) Submit the application for revocation of cancellation, only after completion of above formalities.
Please note that no further extension will be given for filing the application for revocation of cancellation of registration in such cases.
Deadline to Avail the Amnesty Scheme for Revocation of Cancellation
The last date to file a revocation under this amnesty scheme is 30 June 2023. This deadline provides ample time for eligible taxpayers to comply with the requirements and benefit from the scheme.
In conclusion, the CBIC’s amnesty scheme offers a valuable opportunity for taxpayers to rectify their GST registration status and avoid potential penalties. By understanding the eligibility criteria, application process, and deadline, taxpayers can ensure they take full advantage of this relief measure.