GST REGISTRATION
Registration is the most fundamental requirement for the identification of taxpayers to ensure compliance and to obtain a unique registration number for the purpose of collecting tax on behalf of the Government and to avail ITC accrued on the inward supplies.
enefits of registration
Registration will confer the following advantages to a taxpayer:
1. He is legally recognized as supplier of goods or services.
2. He is legally authorized to collect taxes from his customers and pass on the credit of the taxes paid on the goods or services supplied to the purchasers/recipients.
3. He can claim Input Tax Credit of taxes paid and can utilize the same for payment of taxes due on supply of goods or services.
4. Seamless flow of Input Tax Credit from suppliers to recipients at the national level.
Threshold limit for registration
Registration is mandatory when Aggregate Turnover in a Financial Year exceeds Rs. 20 Lakhs (Aggregate Turnover = Value of Taxable of Supplies+Exempt SupplyScience state Supplies Exports of both Goods and services of persons having the same PAN calculated on all India basis less tax under IGST, CGST, SGST and Cess), except for Special Category States, where the threshold limit for aggregate turnover is Rs. 10 lakhs.
Exemption from registration
Irrespective of the turnover, the following dealers are exempted from Registration: -
1. Supply of exclusively exempted goods
2. Agriculturist for the purpose of Agriculture
Voluntary Registration
A person not liable to be registered under the Act, may get himself registered voluntarily to avail ITC and pass on the ITC to the recipient.
Compulsory Registration
The following class of persons shall compulsorily register: -
(a) Persons required to deduct tax as TDS (Government Agencies, Department etc.)
(b) Persons required to collect tax as TCS (electronic Commerce operator)
(c) Persons making inter-state Taxable supply:
(d) Casual Taxable person:
(e) Persons who are required to pay tax as e-commerce operators:
(f) Persons who are required to pay tax under reverse charge:
(g) Non-resident taxable person:
Casual taxable person and a non-resident taxable person
A Casual taxable person is one who has a registered business in some State in India but wants to effect supplies in some other state in which he is not having any fixed place of business. Such person needs to register in the State from where he seeks to supply as a Casual taxable person.
A non-Resident taxable person is one who is a foreigner and occasionally want to effect taxable supplies from any State in India, and for that he needs GST registration. GST law prescribes special procedure for registration, as also for extension of the operation period of such Casual or Non-Resident taxable persons.
They have to apply for registration at least five days in advance before making any supply.
also, registration is granted to them, or period of operation is extended only after they make advance deposit of the estimated tax liability.
Registration process
(a) Application to be filed online within 30 days of becoming liable.
(b) Casual Dealers and non-resident taxable person shall apply at least 5 days prior to the date of commencement of business (Period of Validation is as specified in the application or 90 days from the effective date of registration whichever is earlier and an advance deposit of tax, an amount equivalent to the estimated tax liability of such person).
(c) All the Core Fields (name of business, principal place of business and stakeholders' details, etc.) should be filled up.
(d) Scanned documents to be attached.
(e) Digital Signature or e-Sign should be done.
(f) Application to be processed within 3 common working days.
(g) If application is successful the Registration Certificate will be sent in the PDF format to the e-mail.
(h) All queries to be raised and communicated by the proper officer within 3 common working days-sent in PDF format to the e-mail of the applicant.
(i) Application should reply to query within 7 days- failure will entail automatic rejection by the system.
(j) On receipt of reply, registration should be granted / rejected within 7 days.
(k) Rejection of Application under CGST will be a deemed rejection under SGST and vice-versa.
(l) Deemed Approval, if no query.
Amendment in Registration:
Except for the changes in some core Information in the registration application, a taxable person shall be able to make amendments without requiring any specific approval from the tax authority. In case the change is for legal name of the business or additional place of business, the taxable person will apply for amendment within 15 days. For other changes like the name of day-to-day functionaries, e-mail IDs, mobile numbers etc. no approval of the proper Officer is required, and the amendment can be affected by the taxable person on his own on the common portal.
Cancellation of registration
Cancellation of registration can be done in the following circumstances
(a) Transfer of business or discontinuation of business or merger.
(b) Death of the proprietor.
(c) Change in the constitution of business. (Partnership Firm may be changed to sole Proprietorship due to death of one of the two partners, leading to change in PAN)
(d) Person no longer liable to be registered (Except when he is voluntarily registered)
(e) Registered taxable person has contravened provisions of the Act or Rules.
(f) A composition supplier has not furnished returns for 3 consecutive tax periods / any other taxable person has not furnished returns for a continuous period of 6 months.
(g) Non-commencement of business within 6 months form date of registration by a person who has registered voluntarily.
(h) Where registration has been obtained by means of fraud, willful misstatement or suppression of facts, the registration may be cancelled with retrospective effect.
Revocation of cancellation of registration:
Application for revocation should be made within 30 days from the date of service of cancellation order. The proper officer can revoke cancellation / reject application.
