GST REGISTRATION

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About GST

Goods and Services Tax (GST) is a type of indirect tax which is levied on sale of goods as well as services. The adoption of Goods and Services Tax has been a major milestone in the indirect tax regime. The idea of GST Registration was first mooted in the year 2000 and after years of intense deliberations and discussions, GST came into existence on 1st July, 2017 by subsuming numerous central and state level taxes and levies. The application of GST has ensured a uniform application of indirect tax laws and uniform policies and procedures throughout the country.

GST is an indirect tax meaning thereby that the amount of tax is not paid by the supplier from his own pocket, rather the tax is collected from the customer and paid to the government. While paying tax to the government, the supplier is entitled to deduct the amount of tax paid by him/her on purchases made by the supplier. Let us assume that the supplier purchases an item costing Rs. 100 on which GST is chargeable at 5%. GST paid by the supplier comes out to be Rs. 5 (100*5%). Now the supplier sells the same item to the customer for Rs. 140. GST collected by the supplier from the customer will be Rs. 7 (140*5%). So the supplier will now be liable to pay Rs. 2 to the government while discharging GST liability which is basically the difference of Rs. 7 and Rs. 5.

Barring a few exceptions, it is the supplier who is responsible for collection of GST and for making payment to the government. Now the question arises is whether everyone who is engaged in some kind of trade required to collect GST or is it applicable in select instances? For collecting GST, the first requirement is getting registered under the GST Act. Read on to find out who all are required to be registered under GST.

GST Registration

The requirement for registration is something which depends upon the nature of business/profession and also the scale of operations. The most basic parameter for determining the need for registration is the turnover of the business. Also there can be instances where certain goods and services are not chargeable to GST irrespective of the amount of turnover or situations where the supplier is not required to be registered as it is the recipient of goods or services who is liable to pay tax.

Once you are registered, you will be assigned be a GST No. (known as GSTIN i.e. Goods and Services Tax Identification Number). This number will be the basis of all your interactions and correspondence with the GST department including making tax payments, filing returns, responding to notices etc.

The table below attempts to cover some of the common situations which one might encounter while deciding the need for registration:



S. No. Category of supplier Requirement of Registration
1. Engaged in supply of goods/services When aggregate turnover* exceeds Rs. 20 lakhs
2. Engaged in supply of goods/services from a special category state i.e. Manipur, Mizoram, Nagaland or Tripura When aggregate turnover* exceeds Rs. 10 lakhs
3. Engaged in only intra-state (i.e. within your own state) supply of goods (subject to some exceptions) When aggregate turnover* exceeds Rs. 40 lakhs
4. Engaged in inter-state (i.e. from one state to another) supply of goods Registration required irrespective of the amount of turnover
5. Engaged in inter-state (i.e. from one state to another) supply of services When aggregate turnover exceeds Rs. 20 lakhs (10 lakhs in special category states)
6. Persons who are required to pay tax under Reverse Charge** Registration required irrespective of the amount of turnover
7. Casual Taxable Persons# or Non-Resident Taxable Persons## Registration required irrespective of the amount of turnover
8. Engaged in taxable supply of goods or services on behalf of other taxable persons like an agent Registration required irrespective of the amount of turnover
9. E-commerce operator Registration required irrespective of the amount of turnover
10. Engaged in supply of goods/services which are exempt or not liable to GST No Registration required irrespective of the amount of turnover
11. Agriculturist to the extent of supply of produce out of cultivation of land No Registration required irrespective of the amount of turnover

Kindly note that the above table does not incorporate all the situations regarding registration but is an attempt to cover major situations that a person might encounter. Like mentioned earlier, the actual registration requirement might also depend on other variables which vary from case to case. For further understanding of your registration requirement, click here to get in touch with our tax experts who will guide you by taking into account the needs and dynamics of your business.

Aggregate turnover means aggregate value of all taxable supplies (excluding inward supplies on which tax is payable on reverse charge basis), exempt supplies, export of goods or services or both and inter-state supplies persons having same PAN to be computed on all India basis excluding the amount of tax.

Reverse charge means a situation where the liability to pay tax is on the recipient of goods or services instead of the supplier of goods or services.

Casual taxable person means a person who occasionally undertakes transactions involving supply of goods or services whether as a principal, agent or in any other capacity, in a state or Union Territory where he has no physical presence.

Non-resident taxable person means a person who occasionally undertakes transactions involving supply of goods or services whether as a principal, agent or in any other capacity, but who has no fixed place of business or residence in India.

Documents for Registration

The documents required for registration depends upon the constitution of supplier:

Sole Proprietor
PAN card of sole proprietor
Aadhaar card of sole proprietor
Photograph of sole proprietor
Address proof of Principal Place of Business:
If Rented: Rent agreement or Rent Receipt with NOC (In case of no/expired agreement)
If Owned: Electricity bill or Property Tax Receipt or Legal Ownership Document or Municipal Khata Copy
Address of any Additional Place of Business
Bank account details: Bank statement or first page of passbook or cancelled cheque having name of taxpayer (required after allotment of GSTIN)
Aadhaar number of Authorized Signatory preferably be linked with Mobile Number for Aadhaar Authentication
Hindu Undivided Family (HUF)
PAN card of HUF and Karta
Aadhaar card of Karta
Photograph of Karta
Letter of Authorization for appointment of Authorized Signatory
Address proof of Principal Place of Business:
If Rented: Rent agreement or Rent Receipt with NOC (In case of no/expired agreement)
If Owned: Electricity bill or Property Tax Receipt or Legal Ownership Document or Municipal Khata Copy
Address of any Additional Place of Business
Bank account details: Bank statement or first page of passbook or cancelled cheque having name of taxpayer (required after allotment of GSTIN)
Aadhaar number of Authorized Signatory preferably be linked with Mobile Number for Aadhaar Authentication
Partnership Firm
PAN card of Partnership Firm and all Partners
Aadhaar card of all Partners
Photograph of all Partners
Letter of Authorization for appointment of Authorized Signatory
Address proof of Principal Place of Business:
If Rented: Rent agreement or Rent Receipt with NOC (In case of no/expired agreement)
If Owned: Electricity bill or Property Tax Receipt or Legal Ownership Document or Municipal Khata Copy
Address of any Additional Place of Business
Bank account details: Bank statement or first page of passbook or cancelled cheque having name of taxpayer (required after allotment of GSTIN)
Aadhaar number of Authorized Signatory preferably be linked with Mobile Number for Aadhaar Authentication
Limited Liability Partnership
PAN card of LLP and all Partners
Aadhaar card of all Partners
Photograph of all Partners
Registration Certificate of LLP
Letter of Authorization for appointment of Authorized Signatory
Address proof of Principal Place of Business:
If Rented: Rent agreement or Rent Receipt with NOC (In case of no/expired agreement)
If Owned: Electricity bill or Property Tax Receipt or Legal Ownership Document or Municipal Khata Copy
Address of any Additional Place of Business
Bank account details: Bank statement or first page of passbook or cancelled cheque having name of taxpayer (required after allotment of GSTIN)
Aadhaar number of Authorized Signatory preferably be linked with Mobile Number for Aadhaar Authentication
Company
PAN card of Company and all Directors
Aadhaar card of all Directors
Photograph of all Directors
Certificate of Incorporation of Company
Letter of Authorization for appointment of Authorized Signatory
Address proof of Principal Place of Business:
If Rented: Rent agreement or Rent Receipt with NOC (In case of no/expired agreement)
If Owned: Electricity bill or Property Tax Receipt or Legal Ownership Document or Municipal Khata Copy
Address of any Additional Place of Business
Bank account details: Bank statement or first page of passbook or cancelled cheque having name of taxpayer (required after allotment of GSTIN)
Aadhaar number of Authorized Signatory preferably be linked with Mobile Number for Aadhaar Authentication

Ans. GST Registration came into force on 1st July, 2017 amalgamating various central and state level indirect tax laws

Ans. Every supplier having annual aggregate turnover of more than Rs. 20 lakhs of goods or services. Where supplier is engaged only in intra-state supply of goods, then registration required if turnover exceeds Rs. 40 lakhs. If supplier is engaged in supply of only those goods or services which are not chargeable to GST, then registration is not required. In some cases, registration may be required irrespective of turnover.

Ans. Yes, registration can be applied voluntarily even if aggregate turnover is below the prescribed limit. On obtaining voluntary registration, all provisions of GST Act shall be applicable to such supplier as they are applicable to any other person.

Ans. Yes, the supplier can collect GST from customers only after registration.

Ans. Yes, the registration must be applied within 30 days of becoming liable for registration. Casual Taxable Persons and Non-Resident Taxable Persons need to apply for apply at least 5 days before commencement of business.

Ans. Typical requirements include PAN card, Aadhar Card, Address Proof, Bank account details, Registration Certificate and Letter of Authorization.

Ans. GSTIN stands for Goods and Services Tax Identification Number. GSTIN is allotted post registration and is used for making tax payments, filing returns etc.

Ans. Composition scheme is available for small and medium businesses having turnover of goods or turnover from restaurant service upto Rs. 1.50 crores. In case of other services, maximum turnover can be Rs. 50 lakhs. A composition taxpayer is not allowed to make inter-state supply and is also not eligible to claim input tax credit on purchases done by it. The tax rate for manufacturers and traders is 1% and for restaurant service providers, it is 5%. In case of other services, tax rate is 6%. The composition tax is not collected from the buyers and is paid by the supplier. Option to pay tax under composition scheme must be intimated before the beginning of financial year. However, withdrawal from composition scheme can be done at any time during the year.

Ans. No, state-wise registration is done under GST. The first two digits of the GSTIN represent state code. Separate Registration is required in each state in which the organization is maintaining a place of business and carrying on its operations.

Ans. Yes, registration can be obtained for each business place within one state whether all such business places are carrying on same business or different lines of businesses.

Ans. In case of inter-state transactions, Integrated Goods and Services Tax (IGST) is charged. In case of intra-state transactions, Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST) are charged. For example, if an item attracts 18% GST rate, then IGST will be charged at the rate of 18% in case of inter-state transactions and 9% CGST plus 9% SGST will be charged in case of intra-state transactions.

Ans. HSN stands for Harmonised System of Nomenclature and SAC stands for Service Accounting Code. HSN is used for goods and SAC is used for services. These are used for classification and identification of goods or services. These are required to be mentioned on tax invoice upto 4 digits if turnover is less than or equal to Rs. 5 crores and 6 digits when turnover is more than Rs. 5 crores.

Ans. Input Tax Credit (ITC) represents the tax paid by the supplier on purchases and input services which can be deducted while discharging the output tax liability. ITC is claimed by the supplier on a self-declaration basis in GSTR-3B and should not exceed 105% of ITC appearing in GSTR-2B/2A. In GST, ITC is allowed for inputs, input services and capital goods used in the course of or furtherance of business. ITC on personal expenditure can’t be claimed. Also there are certain good and services on which ITC can’t be claimed even though they are used for the purposes of business like food and beverages, motor vehicles, free samples, construction material etc. ITC can be claimed only if the outward sale made using those inputs or input services or capital goods is not exempt under GST.

Ans. In simple terms, aggregate turnover means aggregate value of all taxable supplies (excluding inward supplies on which tax is payable on reverse charge basis), exempt supplies, export of goods or services or both and inter-state supplies persons having same PAN to be computed on all India basis excluding the amount of tax. Thus, while deciding the need for registration, exempt and non-taxable supplies also need to be taken into account while calculating the amount of turnover.

Ans. Reverse charge means a situation where the liability to pay tax is on the recipient of goods or services instead of the supplier of goods or services. Such liability can be discharged only by payment in cash. ITC can’t be used for paying tax under Reverse Charge.

Ans. Casual taxable person means a person who occasionally undertakes transactions involving supply of goods or services whether as a principal, agent or in any other capacity, in a state or Union Territory where he has no physical presence.
Non-resident taxable person means a person who occasionally undertakes transactions involving supply of goods or services whether as a principal, agent or in any other capacity, but who has no fixed place of business or residence in India.

Ans. Exempt supplies consist of:

  • Nil-rated supplies attracting 0% tax rate as per GST schedules
  • Supplies which are wholly exempt under Section 11 of CGST Act or Section 6 of IGST Act
  • Non-taxable supplies which are outside the purview of GST namely High-Speed Diesel, Motor Spirit (Petrol), Petroleum Crude, Natural Gas and Aviation Turbine Fuel.
  • ITC is not available in respect of such supplies.

Ans. Zero-rated supplies refer to export of goods or services or supply made to a SEZ developer or SEZ unit. The supplier has the option not to pay IGST on such supply by making supply under Bond/Letter of Undertaking and later claim refund of Accumulated ITC on inputs or input services used in making such supplies. Alternatively, supplier can pay IGST on such supply and later get refund of IGST paid on such supply.

Ans. GST return is basically a statement showing various transactions of your business during a particular tax period. The main components of a GST Return include Sales, Purchase, Output Tax and Input Tax Credit.

Ans. In case of composition taxpayer, CMP-08 which is a statement and challan needs to filed on a quarterly basis and annual return in form GSTR-4 need to be on an annual basis.
In case of regular taxpayers who have opted for QRMP (Quarterly Return Monthly Payment) scheme, GSTR-1 and GSTR-3B is to be filed on quarterly basis along with monthly payment of tax in Form PMT-06. Other Regular taxpayers have to file GSTR-1 and GSTR-3B on monthly basis. Regular taxpayers whose turnover in preceding financial year was upto Rs. 5 crores are eligible to opt for QRMP scheme.

Ans. Yes, a NIL return needs to filed even if there are no transactions during the tax period.

Ans. Late fees will be levied equal to Rs. 20 per day in case of NIL return and Rs. 50 per day in any other case. Also interest at the rate of 18% p.a. shall be charged if tax is not paid on time.

Ans. DSC of authorized signatory is required where the registered person is a company or LLP.

Ans. B2B means business to business. Here the customer is also registered under GST.
B2C Small means business to consumer transaction where customer is not registered under
GST. B2C Large means business to consumer transaction where customer is not registered and also
the transaction involves inter-state supply and invoice value is more than Rs. 250000.
B2B and B2C Large invoices are reported invoice-wise in GSTR-1 whereas B2C Small Invoices are reported state-wise in GSTR-1.

Ans. There is no mechanism for filing a revised return be it GSTR-3B or GSTR-1 once it has been filed. However where any detail of B2B or B2C invoice or credit note has been incorrectly reported in GSTR-1, in that case amendment of incorrect details can be done in any subsequent GSTR-1.