Cheque Bounce GST Problem Dilemma
Situation : I had a Proprietorship firm in MP with which I was doing import export business since 2015 and with this firm I gave material imported goods on credit to a firm based in Mumbai in 2015 during VAT/CST time. Due to losses in business I did not continue my business after 1 July 2017 and did not get GST registration and my firm was shut down but bank accounts of my firm are active. The Mumbai firm gave me a Cheque of the payment that was on credit of Rs 2 lakhs in 2018. But I got information from the bank that the Mumbai firm doesn't have sufficient balance in their bank account. Now I am planning to send them legal notice and file a cheque bounce case under IPC 138. Cheque I haven't bounced yet because I am under the dilemma if I should get my GST registration done with the GST authorities for my proprietorship firm in MP under the same name to file a case 138 against Mumbai firm because at present after GST my proprietorship firm got non existent as I did not get transferred my TIN number to GST on 1 July 2017.
My question: Do I need to get GST registration done for my firm under same old name adress, will the court reject my case saying that my firm got non existent after July 2017
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If G S T registration done then you will succeed 100 percent.
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