[To be published in the Official Gazette of India,
Extraordinary,
Part II,
Section
3, Sub- section (i)]
Government of India Ministry
of Finance Department of Revenue
Central Board of Excise
and Customs
Notification No.
3 /2017 - Central
Tax
New Delhi,
19th June, 2017
29 Jyaistha,
1939 Saka
G.S.R. ( )E.:- In exercise of the powers conferred by section 164 of the Central Goods and
Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules,
namely:-
Chapter I PRELIMINARY
1. Short title, Extent and Commencement.- (1) These rules may be called the Central
Goods
and Services Tax Rules,
2017.
(2) They shall
come
into force with effect from 22nd June, 2017.
2. Definitions.- In these rules, unless the context otherwise requires,-
(a) “Act” means the
Central Goods and Services
Tax Act,
2017 (12 of 2017);
(b) “FORM”
means
a Form appended to these rules;
(c)
“section” means a section
of the Act;
(d) “Special Economic Zone” shall have the same meaning as assigned to it in
clause (za) of section 2 of the Special Economic Zones Act, 2005 (28 of
2005);
(e) words and expressions used herein but not defined and defined in the Act shall have the meanings respectively assigned
to them in the Act.
Chapter II COMPOSITION RULES
3. Intimation for composition levy.- (1) Any person who has been granted registration on a
provisional basis under clause (b) of sub-rule (1) of rule 24 and who opts to pay
tax under
section 10, shall electronically file an intimation in FORM GST CMP-01, duly
signed or
verified through electronic verification code, on the common portal, either directly
or through a Facilitation Centre notified by the Commissioner, prior to the appointed day, but
not later than thirty days after the said day, or such further period as may be extended by
the Commissioner in this behalf:
Provided that where the intimation in FORM GST CMP-01 is filed after the appointed day, the registered person shall not collect any
tax from the appointed day but
shall issue bill of supply for supplies made after
the
said day.
(2) Any person
who applies for registration under sub-rule (1) of rule
8 may
give an option to pay tax under section
10 in Part B of FORM GST
REG-01, which shall be considered as
an intimation to pay tax under the
said section.
(3) Any registered person who opts to pay tax under section 10 shall electronically file an intimation in FORM GST CMP-02,
duly signed or verified
through
electronic verification code, on the common portal, either directly
or through a Facilitation Centre notified by the Commissioner, prior to the commencement of the financial year for which
the option to pay tax
under the aforesaid section
is
exercised
and shall furnish
the
statement in FORM GST
ITC-03
in accordance with
the
provisions of sub-rule
(4) of rule
44 within a period
of sixty days from the commencement of
the relevant financial year.
(4) Any person who files an intimation under sub-rule (1) to pay tax under section 10 shall
furnish the details of stock, including the inward supply
of goods received from unregistered persons,
held by him on the day preceding
the
date from which he opts to pay tax under the said
section, electronically, in FORM GST CMP-03,
on the common portal,
either directly or through a Facilitation Centre notified by
the
Commissioner, within a period of sixty days from the date on which the option for composition
levy is exercised or
within such further period
as may be extended by the Commissioner
in this behalf.
(5) Any intimation under sub-rule (1) or sub-rule (3) in respect of any place of business in
any
State or Union territory shall be deemed to be an intimation in respect of all other places
of business registered on the same Permanent
Account Number.
4. Effective date for composition levy.- (1) The option to pay
tax under section 10 shall be effective from the beginning of the financial year, where the intimation is filed under sub-
rule (3) of rule 3 and the appointed day
where the intimation is filed under sub-rule (1) of
the said rule.
(2) The intimation under sub-rule (2) of rule 3, shall be considered only after the grant of registration to the applicant and his option to pay tax under section 10 shall be effective from
the
date fixed under sub-rule
(2) or (3) of
rule
10.
5. Conditions
and
restrictions
for
composition levy.- (1) The person exercising the option to pay tax under
section 10 shall comply with the following conditions, namely:-
(a) he is
neither a casual taxable person
nor a
non-resident taxable
person;
(b) the goods held in stock by him on the appointed day have not been purchased
in the course of inter-State
trade or commerce or imported from a
place outside India or
received from his branch situated outside the State or from his agent or principal
outside the State, where the option
is exercised under sub-rule (1) of rule 3;
(c) the goods held in stock by him have not been purchased from an unregistered
supplier and where purchased, he pays the tax under sub-section (4)
of section 9;
(d) he shall pay tax under sub-section (3) or sub-section (4) of section 9 on inward supply of goods or services or both;
(e) he was not engaged in the manufacture
of goods as notified under clause
(e) of sub-section (2)
of section 10, during the preceding
financial year;
(f) he shall mention the words “composition taxable person, not eligible to collect tax on
supplies” at the top of the bill
of supply issued by him;
and
(g) he shall mention the words “composition taxable person” on every notice or signboard displayed at a prominent place at his principal place of business and at every additional place or places
of business.
(2) The registered person paying tax under section 10 may not file a fresh intimation every
year and he may continue to pay tax under the said section subject to the provisions
of the Act and these rules.
6. Validity of composition levy.- (1) The option exercised by a registered person to pay tax under section 10 shall remain valid so long
as
he satisfies all the conditions mentioned
in the said section
and under these rules.
(2) The person referred to in sub-rule (1) shall be liable to pay tax under sub-section (1) of
section 9 from the day he ceases to satisfy any of
the conditions mentioned in
section 10 or the provisions of this Chapter and shall issue tax invoice for every taxable supply
made thereafter and he shall also file an intimation for withdrawal from the scheme in FORM
GST
CMP-04 within seven days of the
occurrence of such event.
(3) The registered person who intends to withdraw from the composition scheme shall, before the date of such withdrawal, file an application in FORM GST CMP-04,
duly signed or verified through electronic verification code, electronically on the common portal.
(4) Where the proper officer has reasons to believe that the registered person was not
eligible to pay
tax under section 10 or has contravened the provisions of the Act or
provisions of this Chapter, he may issue a notice to such person in FORM GST CMP-05
to show cause within fifteen days of the
receipt of such notice as to why the option to pay
tax under section 10 shall not be denied.
(5) Upon receipt of the reply
to the show cause notice issued under sub-rule (4) from the registered person in FORM GST CMP-06, the proper officer shall issue
an
order in FORM GST CMP-07 within a period of thirty days of the receipt of such reply, either accepting the reply, or denying the option to pay tax under section 10 from the date of the option
or from the date of the event
concerning such
contravention,
as the case may be.
(6) Every person
who has
furnished an intimation
under sub-rule (2) or filed
an application for withdrawal under sub-rule (3) or a person in respect of whom an order of withdrawal
of option has been passed in FORM GST CMP-07 under sub-rule (5),
may
electronically furnish at the common portal, either directly or through a Facilitation Centre notified by
the Commissioner, a statement in FORM GST ITC-01 containing details of the stock of inputs and inputs contained in semi-finished or finished goods held in stock by
him on the date on which the option is withdrawn or denied, within a period of thirty days from the
date from which the option is withdrawn or
from the date of the order passed
in FORM GST CMP-07, as
the case may be.
(7) Any intimation or application for withdrawal under sub-rule (2) or (3) or denial of the
option to pay tax under section 10 in accordance with sub-rule (5) in respect of any place
of business in any State or Union territory, shall be deemed to be an intimation in respect
of all other places
of business registered on the same Permanent Account Number.
7. Rate of tax of the composition levy.- The category
of registered persons, eligible for
composition levy under section 10 and the provisions of this Chapter, specified in column (2) of the Table below shall pay
tax under section 10 at the rate specified in column (3) of
the said Table:-
|
Sl.
No.
|
Category
of registered persons
|
Rate of tax
|
|
(1)
|
(2)
|
(3)
|
|
1.
|
Manufacturers,
other than manufacturers
of
such
goods as may be notified by the Government
|
one
per cent.
|
|
2.
|
Suppliers making supplies
referred to in clause (b) of
paragraph
6 of Schedule II
|
two and
a half per cent.
|
|
3.
|
Any
other
supplier
eligible for composition levy
under section 10 and the provisions of
this Chapter
|
half
per cent.
|
Chapter III REGISTRATION
8. Application for registration.- (1) Every person, other than a non-resident taxable person, a
person required to deduct tax at source under section 51, a person required to collect tax at source under section 52 and a person supplying online
information and database access or retrieval services from a
place outside India to
a non-taxable online
recipient referred to
in section 14 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) who is
liable to
be registered
under sub-section
(1) of section 25 and
every person seeking
registration under sub-section (3) of section 25 (hereafter in this Chapter referred to as
“the applicant”) shall, before applying
for
registration, declare his Permanent Account
Number, mobile number, e-mail address, State or Union
territory in Part A of FORM GST REG-01 on the common portal, either directly
or through a Facilitation Centre notified by the Commissioner:
Provided that a person having a unit(s) in a Special Economic Zone or being a
Special Economic Zone developer shall make a separate
application for registration as a business
vertical distinct from
his other units located outside the Special Economic Zone:
Provided further that every
person being an Input Service Distributor shall make a separate application for
registration as
such Input Service Distributor.
(2) (a) The Permanent Account Number shall be validated online by the common portal
from the database maintained by the Central Board of
Direct Taxes.
(b) The mobile number
declared under sub-rule (1) shall
be verified through a one-time password sent to
the said mobile number;
and
(c) The
e-mail address declared under sub-rule (1) shall be verified through
a separate one-time
password sent to
the said e-mail address.
(3) On successful verification of the
Permanent Account Number, mobile number
and
e- mail address, a temporary reference number shall be generated and communicated to the
applicant on the said
mobile number
and e-mail address.
(4) Using
the reference number generated under sub-rule (3), the applicant shall electronically
submit an application in Part B of FORM GST REG-01, duly signed or verified through electronic verification code, along with the documents specified in the
said Form at the common portal, either directly or through a Facilitation Centre notified by the Commissioner.
(5) On receipt of
an
application under sub-rule (4), an acknowledgement shall be
issued
electronically to
the
applicant in FORM GST
REG-02.
(6) A
person applying
for
registration
as a
casual taxable
person shall be given
a
temporary reference number by
the common portal for making advance deposit of tax in
accordance with the provisions of section 27 and the acknowledgement under sub-rule (5)
shall be issued electronically only after
the said deposit.
9. Verification of the
application and approval.- (1) The application shall be forwarded to the
proper officer who shall examine the application and the accompanying documents and if the same are
found to be in order, approve the grant of registration to the applicant within
a period
of three working days from the date of
submission of the application.
(2) Where the application submitted under rule 8 is found to be deficient, either in terms
of any information or any document required to be furnished under the said rule, or where
the proper officer requires any clarification with regard to any
information provided in the
application or documents furnished therewith, he may issue a notice to the applicant
electronically in FORM GST REG-03 within a period of three working days from the date
of submission of the
application and the applicant shall
furnish such clarification,
information or documents electronically, in FORM GST REG-04, within a period of
seven
working days from the date
of the receipt of such notice.
Explanation.- For the purposes of this sub-rule, the expression “clarification”
includes modification or correction of particulars declared in the application for
registration, other
than Permanent Account Number, State, mobile number and e-mail address declared in
Part A of FORM GST REG-01.
(3) Where the
proper officer is satisfied with the
clarification, information or documents
furnished by the applicant, he may
approve the grant of registration to the applicant within a period of seven working days from the date
of the receipt of such clarification or information
or documents.
(4) Where no reply is furnished by the applicant in response to the notice issued under
sub-rule (2) or where the proper officer is not satisfied with the clarification, information or documents furnished, he
shall, for reasons to be recorded in writing, reject such
application and
inform the applicant electronically in FORM GST REG-05.
(5) If the proper officer fails to take any action,
-
(a) within a period of three working days from the date of submission of the
application; or
(b) within a period of seven working days from the date of the receipt of the clarification,
information or documents furnished by the applicant under sub-rule (2),
the application for grant of registration shall be deemed
to have been approved.
10. Issue of registration certificate.- (1) Subject to the provisions of sub-section (12) of section 25, where the application for grant of registration has been approved under rule 9, a certificate of registration in FORM GST REG-06 showing the principal place of business and additional place or places of
business shall be made available to the applicant
on the common portal and a
Goods and Services Tax Identification Number shall
be assigned subject to
the following characters, namely:-
(a)
two characters for the State
code;
(b) ten
characters for the Permanent Account Number or the Tax Deduction and
Collection
Account Number;
(c)
two characters for the entity code; and
(d) one
checksum character.
(2) The
registration
shall be effective from
the date on which the person
becomes liable
to registration where the application for registration has been submitted within a
period of thirty days from
such date.
(3) Where an application for registration has been submitted by the applicant after the expiry
of thirty days from the date of his becoming liable to registration, the effective date
of registration shall be the date of the grant of registration under sub-rule (1) or sub-rule (3)
or sub-rule (5) of
rule 9.
(4) Every certificate of registration shall be digitally signed by the proper officer under
the Act.
(5) Where the registration has been granted under sub-rule (5) of rule 9, the applicant
shall be communicated the registration number, and the certificate of registration under sub-rule (1), duly
signed or verified through electronic verification code, shall be made
available
to him on the common portal,
within a period of
three days after the
expiry of the
period specified in sub-rule (5) of rule 9.
11. Separate registration for multiple business verticals within a State
or a
Union territory.- (1) Any
person having multiple business verticals within a State or a Union territory, requiring a separate registration for any of its business verticals under sub- section (2) of section 25 shall be granted separate
registration in respect of
each of
the verticals subject
to the following conditions,
namely:-
(a) such person
has more than one
business vertical as defined in clause (18) of section 2;
(b) the business vertical of a taxable person shall not be granted registration to
pay tax under section 10 if any
one
of the other business verticals of the same person is paying tax under section
9;
(c) all separately
registered business verticals of such person shall pay
tax under
the Act on supply of goods or services or both made to another registered business vertical of such person and
issue a tax invoice for such supply.
Explanation.- For the purposes of clause (b), it is hereby
clarified that where any
business
vertical of a registered
person that has
been granted
a separate registration becomes
ineligible to pay
tax under section 10, all other business verticals of the said person shall become
ineligible to
pay
tax under the said section.
(2) A registered person eligible to obtain separate registration for business verticals may submit
a separate application
in FORM GST REG-01
in respect of each
such vertical.
(3) The provisions of rule 9 and rule 10 relating to the verification and the grant of registration shall, mutatis
mutandis, apply to an application
submitted under this rule.
12. Grant
of registration to
persons required to deduct tax at source or to collect tax
at source.- (1) Any person required to deduct tax in accordance with the provisions of section 51 or
a person required
to collect tax at source in accordance with the provisions of
section 52 shall electronically submit
an application,
duly signed
or verified through electronic verification code,
in FORM GST REG-07 for the grant of registration through
the common portal, either directly
or through a Facilitation Centre notified by the
Commissioner.
(2) The proper officer may grant registration after due verification and issue a certificate of
registration in FORM GST REG-06 within a period of three working days from the date
of submission of the application.
(3) Where, upon an enquiry
or pursuant to any
other proceeding under the Act, the proper
officer is satisfied that a person to whom a certificate of registration in FORM GST REG-06 has been issued is no longer liable to deduct tax at source under section 51 or collect tax at source under section 52, the said officer may
cancel the registration issued
under sub-rule (2) and such cancellation shall be communicated to the said person
electronically in FORM GST
REG-08:
Provided that the proper officer shall follow the procedure as provided in rule 22 for the cancellation of
registration.
13. Grant of registration to non-resident taxable
person.- (1) A non-resident taxable
person shall electronically submit an application, along with a self-attested copy of his valid passport,
for registration, duly signed or verified through electronic verification
code, in FORM GST REG-09, at least five days prior to the commencement of business
at
the common portal either directly or through a Facilitation Centre notified by
the Commissioner:
Provided that in the case of a business entity incorporated or established outside
India, the application for registration shall be submitted along with its tax identification number
or unique number on the basis of which the entity is identified by
the
Government of
that country or
its Permanent Account
Number, if available.
(2) A person applying for registration as a non-resident taxable person shall be given a
temporary reference number by the common portal for making an advance deposit of tax in accordance with
the provisions of section 27 and the acknowledgement under sub-rule
(5) of rule 8 shall be issued electronically only
after the said deposit in his electronic cash
ledger.
(3) The provisions of rule 9 and rule 10 relating
to the verification and the grant of registration shall, mutatis
mutandis, apply to an application
submitted under this rule.
(4) The application for registration made by a non-resident taxable person shall be signed by
his authorised signatory who shall be a person resident in India having a valid
Permanent
Account
Number.
14. Grant of registration to a person supplying online information and database access or
retrieval services from a place outside India to a non-taxable online recipient.-
(1)
Any person supplying online information and database access or retrieval services
from a place outside India to a non-taxable online recipient shall electronically
submit an application for registration, duly
signed or verified through electronic verification code, in FORM GST REG-10, at the common portal, either directly or through a Facilitation Centre notified by the Commissioner.
(2) The applicant referred to in sub-rule (1)
shall be granted registration, in FORM GST
REG-06, subject to such conditions and restrictions and by such officer as may be notified
by
the Central Government
on the recommendations
of the Council.
15. Extension in period of
operation by casual taxable
person and non-resident taxable person.- (1) Where a registered casual taxable person or
a non-resident taxable person
intends to extend
the period of registration indicated in his application of registration, an application in FORM
GST
REG-11 shall be submitted electronically
through the common portal, either directly
or through a Facilitation Centre notified by the
Commissioner, by such
person
before the end of
the validity of registration granted
to him.
(2) The application under sub-rule (1) shall be acknowledged only
on payment of the amount specified in sub-section (2)
of section
27.
16. Suo moto registration.- (1) Where, pursuant to any survey, enquiry, inspection, search or any other proceedings under the Act, the proper officer finds that a person liable to
registration under the Act has failed to apply for such registration, such officer may
register the said person on
a temporary basis and issue
an order in FORM GST
REG- 12.
(2) The registration granted under sub-rule (1) shall be
effective from the
date
of such order granting registration.
(3) Every person to whom a temporary registration has been granted under sub-rule (1)
shall, within a period of ninety days from the date of the grant of such registration, submit
an application for registration in the form
and manner provided in rule 8 or rule 12:
Provided that where
the said
person has
filed
an appeal against
the
grant
of
temporary registration, in such case, the application for registration shall be submitted
within a period of thirty days from the date of the issuance of the order upholding the liability to
registration
by the
Appellate
Authority.
(4) The provisions of rule 9 and rule 10 relating to verification and the issue of the certificate of registration shall, mutatis mutandis,
apply to an application submitted under sub-rule (3).
(5) The
Goods and Services Tax Identification Number
assigned, pursuant to the
verification under sub-rule
(4), shall be effective from the date
of the order granting
registration under
sub-rule (1).
17. Assignment of Unique Identity Number to certain special entities.- (1) Every person
required to be granted a Unique Identity Number in accordance with the provisions of sub- section (9) of section 25 may submit an application electronically in FORM GST REG-
13, duly signed or verified through electronic verification code, in the manner specified in
rule 8 at the common portal, either directly or through a Facilitation Centre notified by the
Commissioner.
(2) The proper officer
may, upon submission of
an
application in FORM GST REG-13 or
after filling
up the said form, assign a Unique Identity Number to the said person and issue
a certificate in FORM GST REG-06 within a period of three working
days from the date
of the submission of the application.
18.
Display of registration
certificate
and Goods and Services
Tax
Identification
Number on the name board.- (1) Every registered person shall display
his certificate of
registration in a
prominent location
at his principal
place of
business and
at every
additional place or places of
business.
(2) Every registered person shall display his Goods and Services Tax Identification Number on the name board exhibited at the entry
of his principal place of business and at every additional place or places
of business.
19. Amendment of registration.- (1) Where there is any change in any of the particulars furnished in the application for registration in FORM GST REG-01 or FORM GST REG-07 or FORM GST REG-09
or
FORM GST REG-10
or for Unique Identity
Number in FORM GST-REG-13, either at the time of obtaining registration or Unique Identity
Number or as amended from time to time, the registered person shall, within a period of fifteen days of such change, submit an application, duly signed or verified through electronic
verification code, electronically
in FORM GST REG-14,
along with the documents relating to such change at the common portal, either directly or through a
Facilitation
Centre notified by the Commissioner:
Provided that – (a) where
the change relates
to,- (i) legal
name of business;
(ii) address of the principal
place of business or any additional
place(s) of business; or
(iii) addition, deletion or retirement of partners or
directors, Karta, Managing Committee, Board of Trustees, Chief Executive Officer or equivalent, responsible for
the day to day affairs
of the business,-
which does not warrant
cancellation of
registration under section 29, the proper officer shall, after due
verification, approve
the amendment within a
period of fifteen working days from
the date
of the receipt of the application in FORM GST REG-14 and
issue an order in FORM GST REG-15 electronically and such amendment shall
take effect from
the
date of the occurrence of the
event warranting
such
amendment;
(b) the change relating to sub-clause (i) and sub-clause (iii) of clause (a) in any
State or Union territory
shall be applicable for all registrations of the registered person obtained under the provisions of this
Chapter on the same Permanent Account Number;
(c) where the change relates to any particulars other than those specified in clause (a), the certificate
of
registration shall stand amended upon submission
of the application in FORM GST
REG-
14 on the common portal;
(d) where a change in the constitution of any business
results in the change of
the Permanent Account Number of a registered person, the said person shall apply
for fresh registration in FORM GST REG-01:
Provided further that any
change in the mobile number or e-mail address of the
authorised signatory
submitted under this rule, as amended from time to time, shall be
carried
out
only after
online verification
through
the
common
portal in the manner
provided under the said rule.
(2) Where the proper officer is of the opinion that the amendment sought under sub-rule (1)
is either
not
warranted or the documents
furnished therewith are incomplete or incorrect, he may, within a period of fifteen working days from the date of the receipt of the
application in FORM GST REG-14,
serve a
notice in FORM
GST
REG-03,
requiring the registered person to show cause, within a period of seven working days of
the service of the said notice, as to why
the application submitted under sub-rule (1) shall not be rejected.
(3) The registered person shall furnish a reply
to
the notice to show cause, issued under
sub-rule (2), in FORM GST REG-04,
within a period of seven working days from the
date of the service of the said notice.
(4) Where the reply furnished under sub-rule (3) is found to be not satisfactory or where no reply
is furnished in response to the notice issued under sub-rule (2) within the period prescribed in sub-rule (3),
the proper officer
shall reject the application submitted under
sub-rule (1) and pass
an order in FORM GST REG
-05.
(5) If the
proper officer fails
to take any action,-
(a) within a period of fifteen working
days from the date of submission of the application, or
(b) within a period of seven working days from the date of the receipt of the reply to the notice to show cause under sub-rule (3),
the certificate of registration shall stand amended to the extent applied for and the amended certificate shall be made available to the registered person on
the common portal.
20. Application for cancellation of registration.- A registered person, other than a person
to whom a registration has been granted under rule 12 or a person to whom a Unique Identity
Number has been granted under rule 17, seeking cancellation of his registration under sub-section (1) of section 29 shall electronically
submit an application in FORM GST REG-16, including therein the
details of inputs held in stock
or inputs contained in
semi-finished
or finished goods held in stock and
of capital goods held in stock on the date
from which the cancellation of registration is sought, liability thereon, the details of the payment, if any, made against such liability and may furnish, along with the application,
relevant documents
in support thereof, at the common portal within a period of thirty
days
of the occurrence of the event warranting the cancellation, either directly or through a Facilitation
Centre notified by the Commissioner:
Provided that no application for the cancellation of registration shall be considered in case of a taxable person, who has registered voluntarily, before the expiry
of a period of one year from the effective date
of registration.
21. Registration to be cancelled in certain cases.- The registration granted to a person is liable to be cancelled, if the said person,-
(a) does
not conduct any business
from the declared
place of business; or
(b) issues invoice or bill without supply of goods or services in violation of the
provisions of this Act, or
the rules made thereunder.
22. Cancellation of registration.- (1) Where the proper officer
has reasons
to believe that the registration of a person is liable to be cancelled under section 29, he shall
issue a notice to such person in FORM GST REG-17, requiring him to show cause, within a
period of seven working days from the date of the service of such notice, as to why
his registration
shall not be cancelled.
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished
in
FORM REG–18 within the period specified in the said sub-rule.
(3) Where a person who has submitted an application for cancellation of his registration is
no longer liable to be registered or his registration is liable to
be cancelled, the proper
officer shall issue an order in FORM GST REG-19, within a period of thirty days from the date of application submitted under sub-rule (1) of rule 20 or, as the case may
be,
the date of the reply to the show cause issued under sub-rule (1), cancel the registration, with effect from a date to be determined by him and notify
the
taxable person, directing him to
pay arrears of any tax, interest or penalty including the amount liable to be paid under sub- section (5)
of section
29.
(4) Where the reply
furnished under sub-rule (2) is found to be satisfactory, the proper
officer shall drop
the proceedings
and pass an order in FORM GST REG –20.
(5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to the legal heirs of a deceased proprietor, as
if the application
had been submitted
by
the proprietor himself.
23. Revocation of cancellation of registration.- (1) A registered person, whose registration is cancelled by the proper officer on his own motion, may
submit an application for revocation of cancellation of registration, in FORM
GST REG-21, to such
proper officer,
within a period of thirty days from the date of the service of the order of cancellation of
registration at the common portal, either directly or through a Facilitation Centre notified by the Commissioner:
Provided that no application for revocation shall be
filed, if the registration has been
cancelled for
the failure of the registered person to furnish returns, unless such returns are
furnished and any amount due as tax, in terms of such returns, has been paid along with any amount
payable towards interest,
penalty and late fee in respect
of the said returns.
(2) (a) Where the proper officer is satisfied, for reasons to be recorded in writing, that there are sufficient grounds for revocation of cancellation of registration, he shall revoke the cancellation of registration by an order in FORM GST REG-22 within a period of thirty days from the date of the receipt of the application and communicate the same to the applicant.
(b) The proper
officer
may,
for
reasons
to
be
recorded in writing,
under
circumstances
other
than those specified
in
clause (a), by
an order in FORM GST
REG-05, reject the application for
revocation of cancellation of registration and
communicate the
same to the applicant.
(3) The proper officer shall, before passing
the order referred to in clause (b) of sub-rule
(2), issue a notice in FORM GST REG–23 requiring the applicant to show cause as to
why the application submitted for revocation under sub-rule (1) should not be rejected and
the applicant shall furnish
the reply within a period
of seven working
days from
the
date of the service of the notice in FORM GST REG-24.
(4) Upon receipt of the information or clarification in FORM GST REG-24, the
proper officer shall proceed to dispose
of the application in the manner
specified in sub-rule (2)
within a period of thirty days from the date of the receipt of such information or clarification
from the applicant.
24. Migration of persons registered under the existing law.- (1) (a) Every
person, other than a person deducting tax at source or an Input Service Distributor, registered
under an
existing law
and having a Permanent Account Number issued under the provisions of the Income-tax Act, 1961 (Act 43 of 1961) shall enrol on the common portal by
validating his e-mail address and mobile number, either directly or through a Facilitation Centre
notified by the Commissioner.
(b) Upon enrolment under clause (a), the said person shall be granted registration on
a provisional basis and a certificate of registration in FORM GST REG-25, incorporating the Goods and Services Tax Identification Number therein, shall be
made available to
him on the common portal:
Provided that a
taxable
person who has been granted multiple registrations under the existing
law on the basis of a single Permanent Account Number shall be granted only one
provisional registration under
the Act:
Provided further that a
person
having centralised registration under
the provisions of Chapter V of the Finance Act, 1994 (32 of 1994) shall be granted only one provisional registration in the State or Union
territory in
which he is registered
under
the
existing law.
(2) (a) Every person who has been granted a provisional registration under sub-rule (1) shall submit an application
electronically
in
FORM GST REG–26,
duly signed
or
verified through electronic verification code, along with the information and documents
specified in the said application, on the common portal either directly or through a Facilitation
Centre notified by the Commissioner.
(b)
The information
asked for in clause (a) shall be furnished within
a period
of three months or within such further period as may be extended by the Commissioner in this behalf.
(c) If the information and the particulars furnished in the application are found, by the proper officer,
to be correct and complete, a certificate
of registration in FORM GST REG-06 shall be made available to the registered person electronically on the common portal.
(3) Where the
particulars or information specified in sub-rule
(2) have either not been furnished or not found to be correct or complete, the proper officer shall, after serving
a notice to show cause in FORM GST REG-27 and after affording
the person concerned a
reasonable opportunity
of being heard, cancel the provisional registration granted under
sub-rule (1) and issue an order
in FORM GST REG-28:
Provided that the show cause notice issued in FORM GST REG- 27 can be withdrawn by issuing an order in FORM GST REG- 20, if it is found, after affording the
person an opportunity of being heard, that no such cause exists for which the notice was issued.
(4) Every person
registered
under any of
the
existing
laws, who is not liable to be registered under the Act may, within a period of thirty
days from the appointed day, at his
option, submit an application electronically in FORM GST REG-29 at the common portal for the cancellation of
registration granted to him and the proper officer shall, after
conducting such enquiry as deemed fit, cancel
the
said registration.
25. Physical verification of business premises in certain
cases.- Where the proper officer is satisfied that the physical verification of the place
of business of a registered person is
required after the grant of registration, he may
get
such verification done and the verification report along
with the other documents, including photographs, shall be uploaded in FORM GST REG-30 on
the common portal within a period of fifteen working days
following the date of such verification.
26. Method of authentication.- (1) All applications, including
reply, if any, to the notices,
returns including the details of outward
and inward supplies, appeals or any
other document required
to
be submitted
under
the provisions of
these rules shall be
so submitted electronically with digital signature certificate or through e-signature
as specified under the provisions of the Information
Technology Act, 2000 (21 of 2000) or
verified by any other
mode of signature or verification as notified by
the
Board in this
behalf:
Provided that a
registered person registered under the provisions of the Companies Act, 2013 (18
of 2013) shall furnish the documents or
application verified through digital
signature certificate.
(2) Each
document including
the return
furnished online
shall
be
signed
or
verified through electronic
verification code-
(a) in the case of an individual, by
the individual himself or where he is absent from
India, by some other person duly
authorised by him in this behalf, and
where
the individual is mentally incapacitated from attending to his
affairs, by his guardian or by any
other person competent to
act on his behalf;
(b) in the case of a Hindu Undivided
Family, by
a Karta and where the Karta is absent from India or is mentally incapacitated from attending to his affairs, by any other
adult member of such family or
by
the authorised signatory of
such Karta;
(c) in the case of a company, by
the chief executive officer or authorised signatory
thereof;
(d) in the case of a Government or any Governmental agency or local authority, by
an officer authorised
in this behalf;
(e) in the case of a firm, by any partner thereof, not being a minor or authorised
signatory thereof;
(f) in the case of any other association, by any member of the association or persons or
authorised signatory thereof;
(g) in the case of a trust, by the trustee
or any trustee or authorised signatory thereof;
or
(h) in the case of any other
person, by some person competent to act
on his behalf, or
by a person authorised
in accordance with the provisions of section 48.
(3) All notices, certificates and orders under the provisions of this Chapter shall be
issued
electronically by
the proper officer or any
other officer authorised to issue such notices or
certificates or orders,
through digital signature certificate specified under the
provisions of the Information Technology Act,
2000 (21 of 2000).



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