CourtMesh

Section 21: Registration to be cancelled in certain cases

Bihar Goods and Services Tax Rules 2017 updated till year 2024State Rules of Bihar · 2017

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 [or both]40 in violation of the provisions of this Act, or the rules made thereunder ; or

(c) violates the provisions of section 171 of the Act or the rules made thereunder.

[(d) violates the provision of rule 10A.]41 [(e) avails input tax credit in violation of the provisions of section 16 of the Act or the rules made thereunder; or

(f) furnishes the details of outward supplies in FORM GSTR-1 [, as amended in FORM GSTR-1A if any,]42 under section 37 for one or more tax periods which is in excess of the outward supplies declared by him in his valid return under section 39 for the said tax periods; or

(g) violates the provision of rule 86B.]43 [(ga) violates the provisions of third or fourth proviso to sub-rule (1) of rule 23; or]44 [(h) being a registered person required to file return under sub-section (1) of section 39 for each month or part thereof, has not furnished returns for a continuous period of six months;

(i) being a registered person required to file return under proviso to subsection (1) of section 39 for each quarter or part thereof, has not furnished returns for a continuous period of two tax periods.]45

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.

40. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

41. Inserted by The Bihar Goods and Services Tax (Fourth Amendment) Rules, 2019 published vide Notification No. 770 Patna dated 03rd July, 2019 w.e.f. 28.06.2019.

42. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2024 published vide Notification No. 889 Patna dated 04th September, 2024 w.e.f. 10.07.2024.

43. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

44. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2024 published vide Notification No. 889 Patna dated 04th September, 2024 w.e.f. 10.07.2024.

45. Inserted by The Bihar Goods and Services Tax (Second Amendment) Rules, 2022 published vide Notification No. 801 Patna dated 29th August, 2022 w.e.f. 01.10.2022.

2025 BIHAR GOODS AND SERVICES TAX RULES, 2017 22 Compiled by Commercial Taxes Department, Bihar in Association with National Law Book Publications, Ghaziabad [21A. Suspension of registration.-

(1) Where a registered person has applied for cancellation of registration under rule 20, the registration shall be deemed to be suspended from the date of submission of the application or the date from which the cancellation is sought, whichever is later, pending the completion of proceedings for cancellation of registration under rule 22.

(2) Where the proper officer has reasons to believe that the registration of a person is liable to be cancelled under section 29 or under rule 21, he may, [***]46 suspend the registration of such person with effect from a date to be determined by him, pending the completion of the proceedings for cancellation of registration under rule 22.

[(2A) Where,-

(a) a comparison of the returns furnished by a registered person under section 39 with the details of outward supplies furnished in FORM GSTR-1 [, as amended in FORM GSTR-1A if any,]47 or the details of inward supplies derived based on the details of outward supplies furnished by his suppliers in their FORM GSTR-1, [or in FORM GSTR-1A of the previous tax period, if any]48 or such other analysis, as may be carried out on the recommendations of the Council, show that thereare significant differences or anomalies indicating contravention of the provisions of the Act or the rules made thereunder, leading to cancellation of registration of the said person, or

(b) there is a contravention of the provisions of rule 10A by the registered person, the registration of such person shall be suspended and the said person shall be intimated in FORM GST REG-31, electronically, on the common portal, or by sendinga communication to his e-mail address provided at the time of registration or as amended from time to time, highlighting the said differences, anomalies or non-compliances and asking him to explain, within a period of thirty days, as to why his registration shall not be cancelled.]49

46. Omitted the words "after affording the said person a reasonable opportunity of being heard," by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

47. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2024 published vide Notification No. 889 Patna dated 04th September, 2024 w.e.f. 10.07.2024.

48. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2024 published vide Notification No. 889 Patna dated 04th September, 2024 w.e.f. 10.07.2024.

49. Substituted by The Bihar Goods and Services Tax (Second Amendment) Rules, 2023 published vide Notification No. 847 Patna dated 16th October, 2023 w.e.f. 04.08.2023. Prior to substitution sub-rule read as under :

(2A) Where, a comparison of the returns furnished by a registered person under section39 with

(a) the details of outward supplies furnished in FORM GSTR-1; or

(b) the details of inward supplies derived based on the details of outward supplies furnished by his suppliers in their FORM GSTR-1, or such other analysis, as may be carried out on the recommendations of the Council, show that there are significant differences or anomalies indicating contravention of the provisions of the Act or the rules made thereunder, leading to cancellation of registration of the said person, his registration shall be suspended and the said person shall be intimated in FORM GST REG- 2025 BIHAR GOODS AND SERVICES TAX RULES, 2017 23 Compiled by Commercial Taxes Department, Bihar in Association with National Law Book Publications, Ghaziabad

(3) A registered person, whose registration has been suspended under subrule (1) or sub-rule (2) [or sub-rule (2A)]50, shall not make any taxable supply during the period of suspension and shall not be required to furnish any return under section 39.

[Explanation. For the purposes of this sub-rule, the expression "shall not make any taxable supply" shall mean that the registered person shall not issue a tax invoice and, accordingly, not charge tax on supplies made by him during the period of suspension.]51 [(3A) A registered person, whose registration has been suspended under subrule (2) or sub-rule (2A), shall not be granted any refund under section 54, during the period of suspension of his registration.]52

(4) The suspension of registration under sub-rule (1) or sub-rule (2) [or subrule (2A)]53 shall be deemed to be revoked upon completion of the proceedings by the proper officer under rule 22 and such revocation shall be effective from the date on which the suspension had come into effect.]54 [Provided that the suspension of registration under this rule may be revoked by the proper officer, anytime during the pendency of the proceedings for cancellation, if he deems fit.]55 [Provided further that where the registration has been suspended under subrule (2A) for contravention of the provisions contained in clause (b) or clause

(c) of sub-section (2) of section 29 and the registration has not already been cancelled by the proper officer under rule 22, the suspension of registration shall be deemed to be revoked upon furnishing of all the pending returns.]56 [Provided also that where the registration has been suspended under subrule(2A) for contravention of provisions of rule 10A and the registration has not already been cancelled by the proper officer under rule 22, the suspension 31, electronically, on the common portal, or by sending a communication to his e-mail address provided at the time of registration or as amended from time to time, highlighting the said differences and anomalies and asking him to explain, within a period of thirty days, as to why his registration shall not be cancelled.

50. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

51. Inserted by The Bihar Goods and Services Tax (Sixth Amendment) Rules, 2019 published vide Notification No. 1158 Patna dated 14th October, 2019 w.e.f. 09.10.2019.

52. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

53. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

54. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2019 published vide Notification No. 152 Patna dated 31st January, 2019 w.e.f. 01.02.2019.

55. Inserted by The Bihar Goods and Services Tax (Fourteenth Amendment) Rules, 2020 published vide Notification No. 48 Patna dated 14th January, 2021 w.e.f. 22.12.2020.

56. Inserted by The Bihar Goods and Services Tax (Amendment) Rules, 2022 published vide Notification No. 635 Patna dated 29th August, 2022 w.e.f. 05.07.2022.

2025 BIHAR GOODS AND SERVICES TAX RULES, 2017 24 Compiled by Commercial Taxes Department, Bihar in Association with National Law Book Publications, Ghaziabad of registration shall be deemed to be revoked upon compliance with the provisions of rule 10A.]57 [(5) Where any order having the effect of revocation of suspension of registration has been passed, the provisions of clause (a) of sub-section (3) of section 31 and section 40 in respect of the supplies made during the period of suspension and the procedure specified therein shall apply.]58

Where this provision sits

ActBihar Goods and Services Tax Rules 2017 updated till year 2024
Section21
Marginal noteRegistration to be cancelled in certain cases
JurisdictionState of Bihar
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? Bihar Goods and Services Tax Rules 2017 updated till year 2024 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.