LIABILITY FOR REGISTRATION
Under the Goods and Services Tax (GST) laws in India, the following persons are required to
register:
1. Businesses with a turnover exceeding the threshold limit: Any business whose aggregate
turnover exceeds Rs. 20 lakhs (Rs. 10 lakhs for special category states) in a financial year is
required to register under GST. However, certain businesses such as casual taxable persons,
non-resident taxable persons, and persons engaged in e-commerce activities are required to
register irrespective of their turnover.
2. Inter-state suppliers: Any person supplying goods or services from one state to another
state is required to register under GST, irrespective of their turnover.
3. E-commerce operators: Any person who operates an electronic commerce platform that
facilitates the supply of goods or services is required to register under GST, irrespective of their
turnover.
4. Input service distributors: Any person who distributes input tax credit to their branches or
units is required to register under GST, irrespective of their turnover.
5. Persons liable to pay tax under the reverse charge mechanism: Any person who is
required to pay tax under the reverse charge mechanism is required to register under GST,
irrespective of their turnover.
6. Casual taxable persons: Any person who occasionally supplies goods or services in a
taxable territory where they do not have a fixed place of business is required to register as a
casual taxable person.
7. Non-resident taxable persons: Any person who is a non-resident and occasionally supplies
goods or services in India is required to register as a non-resident taxable person.
It is important to note that GST registration is mandatory for these persons, and failure to
register can attract penalties and legal action. Therefore, it is essential for businesses to
determine their liability for registration under GST and comply with the relevant provisions of
the law.
EXEMPTION FROM REGISTRATION
Under the Goods and Services Tax (GST) laws in India, certain categories of persons are
exempted from registration, irrespective of their turnover. The following are the persons who
are exempted from registration under GST in India:
1. Small businesses: Businesses with an aggregate turnover of up to Rs. 20 lakhs (Rs. 10 lakhs
for special category states) are exempt from registration under GST. This exemption limit is
increased to Rs. 40 lakhs for certain specified categories of suppliers.
2. Agriculture sector: Agriculturalists who sell their produce directly to consumers are exempt
from registration under GST. However, agriculturalists who are engaged in making taxable
supplies such as the sale of fertilizers, pesticides, and seeds are required to register under GST.
3. Services provided by individuals: Individuals who provide services such as tuition,
coaching, and training are exempt from registration under GST if their aggregate turnover does
not exceed the threshold limit of Rs. 20 lakhs.
4. Goods and services covered under reverse charge mechanism: Persons who are required
to pay tax under the reverse charge mechanism are exempt from registration under GST if they
only make purchases from registered dealers.
5. Non-resident taxable persons: Non-resident taxable persons who occasionally supply
goods or services in India are exempt from registration under GST if their aggregate turnover
does not exceed the threshold limit.
6. Special category states: Businesses with an aggregate turnover of up to Rs. 10 lakhs in the
special category states of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Himachal Pradesh are exempt from
registration under GST.
It is important to note that even if a person is exempt from registration under GST, they may
still choose to register voluntarily in order to avail of the benefits of input tax credit and
improve their compliance with the law.
AGGREGATE TURNOVER
The concept of Aggregate Turnover is important under the Goods and Services Tax (GST) Act
in India. It is used to determine the liability of a person to register under the GST Act, as well
as to determine the eligibility for certain types of GST compliance measures.
Aggregate Turnover is defined under Section 2(6) of the GST Act as the aggregate value of all
taxable supplies (excluding the value of inward supplies on which tax is payable by the person
on a reverse charge basis), exempt supplies, exports of goods or services, and inter-state
supplies of persons having the same Permanent Account Number (PAN) but excludes central,
state, and union territory taxes and cesses.
The term "taxable supplies" refers to all supplies of goods or services that are liable to tax under
the GST Act. "Exempt supplies" refer to supplies that are exempt from GST, such as certain
types of food products and healthcare services. "Exports of goods or services" refer to supplies
of goods or services made to a foreign country. "Inter-state supplies" refer to supplies of goods
or services made from one state to another state.
The aggregate turnover is calculated on an all-India basis and includes the turnover of all
branches of a business with the same PAN. It is important to note that the threshold limit for
GST registration is based on the aggregate turnover of the business. As per the current threshold
limit, businesses with an aggregate turnover of more than Rs. 20 lakhs (Rs. 10 lakhs for special
category states) are required to register under GST.
Thus, understanding the concept of aggregate turnover is crucial for businesses to determine
their liability to register under the GST Act, as well as to comply with various other provisions
of the Act.
REGISTRATION PROCESS
Under the GST Act in India, the registration process is as follows:
1. Determine eligibility: The first step is to determine whether the business is required to
register under the GST Act. Businesses with a turnover of more than Rs. 20 lakh (Rs. 10 lakh
for special category states) are required to register under GST.
2. Obtain a PAN: The business must have a Permanent Account Number (PAN) issued by the
Income Tax Department.
3. Obtain a valid mobile number and email address: A valid mobile number and email
address are mandatory for the registration process.
4. Create an account on the GST portal: The next step is to create an account on the GST
portal by providing the required details.
5. Fill the application form: Once the account is created, the applicant must fill the application
form with all the required details such as PAN, mobile number, email address, and address of
the business.
6. Submit the application: After filling the application form, the applicant must submit the
application along with the required documents such as PAN card, address proof, and bank
account details.
7. Verification of application: The application will be verified by the GST officer. If any
discrepancies are found, the officer may request additional information or documents.
8. Approval of application: If the application is found to be complete and correct, the GST
officer will approve the application and issue a GST registration certificate.
The entire registration process can be completed online through the GST portal. Once
registered, the business will be assigned a unique Goods and Services Tax Identification
Number (GSTIN), which must be quoted on all GST-related transactions.
GSTN
GSTN stands for the Goods and Services Tax Network. It is a non-profit, non-government
organization that manages the entire IT system of the Goods and Services Tax (GST) regime
in India. GSTN was created as a special purpose vehicle to provide a shared IT infrastructure
and services to the Central and State Governments, taxpayers, and other stakeholders for the
implementation of GST in India.
The main objective of GSTN is to provide a robust and secure IT infrastructure for the
implementation of GST, including the GST registration process, filing of returns, payment of
taxes, and other related activities. GSTN has developed a web-based GST portal, where
taxpayers can register, file returns, make payments, and access other services related to GST.
GSTN is responsible for the following activities:
1. Developing and maintaining the GST portal and associated IT infrastructure.
2. Facilitating GST registration, including verification and approval of applications.
3. Providing a platform for the filing of GST returns and payment of taxes.
4. Managing the GSTN database, including the taxpayer registration database and the returns
database.
5. Providing training and support to taxpayers and other stakeholders on GST compliance.
GSTN plays a crucial role in the implementation of GST in India, as it ensures that the IT
infrastructure and services required for the smooth functioning of the GST regime are in place.
It has helped to simplify and streamline the GST compliance process, making it easier for
taxpayers to comply with the law and contribute to the growth of the Indian economy.
CANCELLATION OF REGISTRATION
Under the Goods and Services Tax (GST) laws in India, a registered person may cancel their
GST registration for various reasons, such as discontinuance of business, change in the nature
of business, or transfer of business. The following are the key points to note regarding the
cancellation of registration under GST:
1. Application for cancellation: A registered person who wishes to cancel their GST
registration must file an application for cancellation in the prescribed form, which is available
on the GST portal.
2. Time limit for cancellation: A registered person can apply for cancellation of their GST
registration at any time. However, if the registered person is registered under the composition
scheme, they can apply for cancellation only after the expiry of the current financial year.
3. Clearance of dues: Before applying for cancellation of registration, the registered person
must ensure that all dues, including taxes, interest, penalties, and any other amounts payable,
are cleared.
4. Surrender of registration certificate: The registered person must surrender their
registration certificate within 15 days of the date of cancellation of registration.
5. Cancellation by the tax authorities: The tax authorities may also cancel the registration of
a person if they are not conducting business in accordance with the GST laws or if they fail to
file returns for a specified period. In such cases, the registered person will be given an
opportunity to show cause before the cancellation of registration.
6. Effect of cancellation: Once the registration is cancelled, the person will no longer be
required to pay GST, file returns, or comply with any other provisions of the GST laws. Any
input tax credit that remains unutilized at the time of cancellation will be forfeited, and the
person will be required to pay any outstanding dues.
It is important for registered persons to comply with the provisions relating to the cancellation
of registration under GST and ensure that all dues are cleared before applying for cancellation.
EFFECTS OF CANCELLATION
Cancellation of registration under the Goods and Services Tax (GST) laws in India has various
effects on the registered person. The following are the key effects of cancellation of registration
under GST:
1. Liability to pay tax: Once the registration is cancelled, the registered person will no longer
be required to pay GST on their supplies. However, any tax liability that arose prior to the
cancellation of registration must be paid.
2. Forfeiture of input tax credit: Any input tax credit that remains unutilized at the time of
cancellation of registration will be forfeited. Therefore, the registered person must ensure that
all input tax credit is utilized before applying for cancellation.
3. Compliance with the law: Once the registration is cancelled, the registered person will no
longer be required to file returns or comply with any other provisions of the GST laws.
4. Surrender of registration certificate: The registered person must surrender their
registration certificate within 15 days of the date of cancellation of registration.
5. Transfer of assets: If the registered person has any goods or assets that are subject to the
GST laws, they must transfer such goods or assets in accordance with the GST laws before the
cancellation of registration.
6. Further proceedings: If the registered person has any pending proceedings, such as appeals,
revisions, or audits, these proceedings will continue even after the cancellation of registration.
It is important for registered persons to carefully consider the effects of cancellation of
registration under GST before applying for cancellation. They must ensure that all dues are
cleared, input tax credit is utilized, and compliance requirements are met to avoid any adverse
consequences.
AMENDMENT OF REGISTRATION
Under the Goods and Services Tax (GST) laws in India, a registered person may need to make
amendments to their registration details due to changes in their business operations or other
reasons. The following are the key points to note regarding the amendment of registration under
GST:
1. Application for amendment: A registered person who wishes to make changes to their
registration details must file an application for amendment in the prescribed form, which is
available on the GST portal.
2. Types of amendments: The registered person can make amendments to various details such
as name, address, email address, mobile number, nature of business, partners/directors,
additional place of business, etc.
3. Time limit for amendment: The registered person must apply for amendment within 15
days of the date of the change in the registration details.
4. Approval of amendment: Once the application for amendment is filed, the tax authorities
will verify the details and approve the amendment if they are satisfied with the changes.
5. Rejection of amendment: If the tax authorities are not satisfied with the changes, they may
reject the application for amendment and provide a reason for the rejection.
6. Effect of amendment: Once the amendment is approved, the registered person must update
their records and comply with the GST laws based on the amended details.
It is important for registered persons to comply with the provisions relating to the amendment
of registration under GST and ensure that any changes are notified to the tax authorities within
the prescribed time limit. Failure to do so may result in penalties or other consequences under
the GST laws.