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CMA Final · Indirect Tax Laws and Practice · GST Returns

Registration of Bhatt Enterprises was cancelled by the proper officer on his own motion for failure to furnish returns, and the order was served on 1 March. Which statement is correct under Rule 23 of the CGST Rules, 2017 as given?

For cancellation due to non-filing, the application in REG-21 is allowed only after the returns are furnished and tax, interest, penalty and late fee are paid. It is filed within ninety days of service of the order, extendable for sufficient cause by up to one hundred and eighty days.

  1. AApplication in REG-21 may be filed within thirty days, with no extension possible
  2. BNo revocation application is barred, since pending returns can be filed after revocation
  3. CThe application is allowed only if the returns are furnished and tax, interest, penalty and late fee on them are paid; application is within ninety days of service, extendable by a further period not exceeding one hundred and eighty days for sufficient causeCorrect
  4. DApplication is filed in FORM GST REG-22, and the officer must decide within seven working days

Explanation

Rule 23(1) gives ninety days from service of the order, extendable on sufficient cause for a further period up to one hundred and eighty days. For cancellation due to non-filing, no application can be filed unless the returns are furnished and tax, interest, penalty and late fee are paid. REG-22 is the officer's revocation order, not the application.

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