Professional Documents
Culture Documents
GST- Registration
Presented By
4
VALUE OF EXPORTED G&S, ALL SUPPLIES MADE BY THE
EXEMPTED G&S, TAXABLE PERSON WETHER
INTERSTATE SUPPLIES B/W ON HIS OWN OR MADE ON
DISTINCT PERSONS HAVING HIS BEHALF OF ALL HIS
SAME PAN PRINCIPALS
TURNOVER
Sec 22
• Every supplier shall be liable to be registered under this act from in the
state or union territory from which he is supplying goods or service or
both under the following conditions
• If aggregate turnover in any financial year exceeds the threshold limit of
40 Lakh except in special category states
• If aggregate turnover in any financial year exceeds the threshold limit of
20 lakh rupees in case of special category states
• Special category states include (Arunachal Pradesh Assam Manipur
Meghalaya Mizoram Nagaland and Tripura), Sikkim Himachal Pradesh and
Uttarakhand
• Every taxable person registered under this Act if transfer his business (
going on business) to another person then transferee need to apply fresh
registration
• Voluantary opt for registration
•
Sec-22 : Person Liable for
Registration
• Registration is required in the State from which he makes
taxable supply.
• GST is destination based tax, tax goes to the “destination”
State but registration is in the “Origin State”.
• Person registered / licensed under erstwhile law on day
immediately preceding the appointed date.
• Transfer of Business –Transferee to obtain registration in case
of
• Sale
• Succession
• Amalgamation or De-merger
7
How the Aggregate
Turnover calculated?
XYZ Ltd
Mumbai Unit Assam Unit
(Turnover) – (Turnover) –
Rs 11 Lakh Rs 11 Lakh
8
Sec 23. Person not liable to
register
• Person exclusively engaged in Goods / Service
Not liable to tax, or
Wholly exempt from tax under CGST, or
Wholly exempt from tax under IGST
9
Sec 23
Person not liable to register
• Any person who is in the agriculture business to the extent of
supply of goods produced from the cultivation of land
• Any person who is engaged exclusively in the business of supplying
goods or services or both that are not liable to tax or fully exempt
from Tax under this act or under the IGST act
• The government can also specify the category of persons who are
not liable to obtain registration under this act but only after the
Recommendation of the Council
• Persons engaged only in making taxable supply of goods or services
or both GST on which is liable to be paid on reverse charge basis by
the recipient
• Individual advocates including senior advocate
• Individual sponsorship service providers including players
Sec 23. Person not liable to
register
• Agriculturist
Only Individual / HUF
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Exemption from registration
Notification No. 5/2017 – Central Tax dated 19th June, 2017
The persons who are only engaged in making supplies of taxable goods or
services or both, the total tax on which is liable to be paid on reverse charge
basis by the recipient of such goods or services or both under sub-section (3) of
section 9 of the said Act as the category of persons exempted from obtaining
registration under the aforesaid Act.
12
Exemption from registration
Notification No. 10/2017 – Integrated Tax dated 13.10.2017
The persons making inter-State supplies of taxable services and having an
aggregate turnover, to be computed on all India basis, not exceeding an
amount of Rs. 20 Lakhs ( Rs. 10 Lakhs in case of Special Category States) in a
financial year are exempted from obtaining registration under the said Act.
Notification No. 65/2017 – Central Tax dated 15.11.2017
The persons making supplies of services, other than supplies specified under
subsection (5) of section 9 of the said Act through an electronic commerce
operator who is required to collect tax at source under section 52 of the said
Act, and having an aggregate turnover, to be computed on all India basis, not
exceeding an amount of Rs. 20 Lakhs ( Rs. 10 Lakhs in case of Special Category
States) in a financial year, as the category of persons exempted from obtaining
registration
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Exemption from registration
14
Sec 24. Compulsory
Registration
1. Inter- • Notwithstanding Section 22 3. Person
State 2. Casual Required to pay
Taxable Taxable persons tax under
supply making taxable Reverse Charge
supply
4. Required to 6. Required to
pay tax under 5. NR Taxable deduct tax
sub-section (5) persons making under section
of section 9 Taxable supply 51
7. Making 9. Every
8. Input Electronic
taxable supply
Service commerce
as an Agent or
Distributor operator
otherwise
10. Supplier of OIDAR 11. Other than supplies 12. class of persons
services from outside specified under sub-section as may be notified by
India to a to a person (5) of section 9 such e- the Govt – Council
in India o/t Registered commerce operator who is recommendation
person required to collect tax at
© Indirect
source under Taxes Committee, ICAI
sec-52 15
Procedure for Registration – Sec 25
Existing supplier of goods and services who are already registered under
Central Excise, service tax or state VAT. Atomically get PAN
Application to be filed online in each State/UT within 30 days. Crossing the
threshhold limit under GST law, all other suppliers except mention in part
(1) above.
Registration in some special cases
Casual Dealer/Non resident Will have to apply 5 days prior to the
commencement of business
Person supplying from territorial Shall take registration in coastal
waters of India state/UT where the nearest point of
appropriate baseline is located
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Procedure for Registration –
Sec 25
• A person, though not liable to be registered under section
22 or section 24 may get himself registered voluntarily,
and all provisions of this Act, as are applicable to a
registered person, shall apply to such person.
• A person who have more than 1 registration, each such
registrations, be treated as distinct persons.
• A person who have take registration in respect of an
establishment & have more establishments as well then,
each such establishments, be treated as establishments of
distinct persons.
• Requirement of PAN/TAN (under Sec 51) is mandatory for
grant of registration.
• NR may get the registration without PAN & TAN under
sub-section (1) as per the prescribed documents.
17
Procedure for fresh registration under
GST
• 30 forms required under GST for registration
• standard forms to make a uniform process all over the country
• each stage of process have a strict timeline to complete the stage
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Registration Process
00AAAAA0000A000
Entity Check
State PAN Number Code sum
Code
21
Procedure for Migration of existing
registered under CST VAT and Service Tax
• Every person who is already registered under
previous laws is automatically migrated to GST
Law.
• Provisional registration provided.
Deemed Registration section 26
24
Rule 12 : Grant of registration to persons
required to deduct tax at source or to
collect tax at source
25
Rule 13: Registration of non
resident taxable person
-Submit application along with Passport for
registration duly signed & verified through
electronic mode
In FORM GST REG-09, at least 5 days prior to the
commencement of business
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Section 26: Deemed
Registration
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Section 27: Casual taxable
person
First Advance deposit of Amount
registration will tax = Estimated tax will be
be granted for liability of such credited to
90 days (further person for the period electronic
extension by 90 at the time of taking cash
days) registration ledger
A person applying for registration as a casual taxable person shall be
given a temporary reference number by the common portal for
making advance deposit of tax in accordance with the provisions of
section 27 and the acknowledgement under sub-rule (5) shall be
issued electronically only after the said deposit. (Rule 8).
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Cancellation of Registration – Sec 29
Reasons for cancellation
Cancellation can be done by Proper Officer suo motu or on application made
by the registered taxable person:-
Transfer of business or discontinuation of business including death of person (
amalgamation, demerger, dispose of due to any reason)
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 )
Persons no longer liable to be registered under Section 22 or 24 (Except when
he is voluntarily registered)
Cancellation can be done by Proper Officer including retrospective date as
deem fit :-
Where registered taxable person has contravened provisions of the Act as may
be prescribed ( not conduct business from the declared place of business, issue
invoice/bill without supply of G&S, violates sec 171 anti profiteering)
A composition supplier has not furnished returns for 3 consecutive tax periods/
any other person has not furnished returns for a continuous period of 6 months
Non-commencement of business within 6 months from date of registration by a
person who has registered voluntarily.
Where registration has been obtained by means of fraud, willful statement or
suppression of facts.
An opportunity of being heard provided by Proper officer before cancellation.
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Cancellation of Registration – Sec 29
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Cancellation of Registration – Sec 29
SL No Form No Title of the Form
1 GST-REG-01 Application for registration
2 GST-REG-02 Acknowledgement