Provisions under Rule 9 of the CGST Rules, 2017 relating to “Verification of the Application for Registration and Approval thereof”:
CGST Rule 9: Verification of the Application and Approval (Chapter III: Registration Rules) [*1]
(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 seven [*10] working days from the date of submission of the application.
Provided that where- [*2, 3 & 6]
(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo authentication of Aadhaar number as specified in sub-rule (4A) of rule 8 or does not opt for authentication of Aadhaar number; or
(aa) a person, who has undergone authentication of Aadhaar number as specified in sub-rule (4A) of rule 8, is identified on the common portal, based on data analysis and risk parameters, for carrying out physical verification of places of business; or [*11]
(b) the proper officer, with the approval of an officer authorised by the Commissioner not below the rank of Assistant Commissioner, deems it fit to carry out physical verification of places of business,
the registration shall be granted within thirty days of submission of application, after physical verification of the place of business [*12], in the manner provided under rule 25 and verification of such documents as the proper officer may deem fit.
(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 seven [*10] 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.
Provided that where- [*5&7]
(a) a person, other than a person notified under sub-section (6D) of section 25, fails to undergo authentication of Aadhaar number as specified in sub rule (4A) of rule 8 or does not opt for authentication of Aadhaar number; or
(aa) a person, who has undergone authentication of Aadhaar number as specified in sub-rule (4A) of rule 8, is identified on the common portal, based on data analysis and risk parameters, for carrying out physical verification of places of business; or [*11]
(b) the proper officer, with the approval of an officer authorised by the Commissioner not below the rank of Assistant Commissioner, deems it fit to carry out physical verification of places of business,
the notice in FORM GST REG 03 may be issued not later than thirty days from the date of submission of the application.
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 may [*8], 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,- [*4&9]
(a) within a period of seven working days from the date of submission of the application in cases where the person is not covered under proviso to sub-rule (1); or
(b) within a period of thirty days from the date of submission of the application in cases where a person is covered under proviso to sub-rule (1); or
(c) 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.
Notes (History of Amendments in Bare Text):
1. CGST Rule 9 introduced vide Notification 3/2017, effective 22/06/2017.
2. Proviso to sub-rule (1) inserted from 01/04/2020 vide Notification 16/2020. [*3]
3. Proviso to sub-rule (1) substituted from 21/08/2020 vide Notification 62/2020. Please refer Notification 16/2020 for the text thereof before substitution. [*6]
4. Sub-rule (5) substituted from 21/08/2020 vide Notification 62/2020. Please refer Notification 3/2017 for text thereof before substitution. [*9]
5. Proviso to sub-rule (2) inserted from 21/08/2020 vide Notification 62/2020. [*7]
6. Proviso to sub-rule (1) resubstituted from 22/12/2020 vide Notification 94/2020. Please refer Notification 62/2020 for text thereof before substitution. [*2&3]
7. Proviso to sub-rule (2) substituted from 22/12/2020 vide Notification 94/2020. Please refer Notification 62/2020 for text thereof before substitution. [*5]
8. In sub-rule (4), the text “shall” substituted with the text “may” from 21/08/2020 vide Notification 62/2020.
9. Sub-rule (5) resubstituted from 22/12/2020 vide Notification 94/2020. Please refer Notification 62/2020 for text thereof before substitution. [*4]
10. In sub-rule (1) & (2) the text “three” substituted with the text “seven” from 22/12/2020 vide Notification 94/2020.
11. In sub-rules (1) & (2), clause (aa) inserted from 26/12/2022 vide Notification 26/2022.
12. In the proviso to sub-rule (1), the text “in the presence of the said person” omitted from 04/08/2023 vide Notification 38/2023.
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