9
REGISTRATION
LEARNING OUTCOMES
After reading this chapter, you will be able to:
understand the concept of the taxable person
explain when a person becomes liable to get registered under
GST.
identify the scenarios where registration is compulsory.
identify the persons who are not liable for registration.
explain the procedure for amendment of registration.
describe the cancellation of registration and revocation of
cancellation of registration in specified circumstances.
© The Institute of Chartered Accountants of India
9.2 GOODS AND SERVICES TAX
8.2
1. INTRODUCTION
Under any taxation law, registration is the most
fundamental requirement for identification of tax
payers ensuring tax compliance in the economy. It
is the first step towards becoming GST complaint.
Under indirect tax regime, without registration, a
person can neither collect tax from his customers
nor claim any credit of tax paid by him. Registration
legally recognizes a person as supplier of goods or services or both and legally
authorizes him 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. He can
claim the input tax credit of taxes paid and can utilize the same for payment of
taxes due on supply of goods or services. Registration ensures the seamless flow
of input tax credit from suppliers to recipients at the national level.
Under GST law, a supplier is required to obtain State-wise registration. There is
no concept of a centralized registration under GST like the erstwhile service tax
regime. A supplier has to obtain registration in every State/UT from where he
makes a taxable supply provided his aggregate turnover exceeds a specified
threshold limit. Thus, he is not required to obtain registration from a State/UT
from where he makes a non-taxable supply.
Since registration in GST is PAN based, once a supplier is
liable to register, he has to obtain registration in each of the
States/UTs in which he operates under the same PAN. PAN based
Further, he is normally required to obtain single registration in registration
a State/UT. However, where he has multiple places of
business in a State/UT, he has the option either to get a single registration for
said State/UT [wherein it can declare one place as principal place of business
(PPoB) and other branches as additional place(s) of business (APoB)] or to get
separate registrations for each place of business in such State/UT.
Registration under GST is not tax specific, which means that there is single
registration for all the taxes i.e. CGST, SGST/UTGST, IGST and GST compensation cess.
Chapter VI - Registration [Sections 22 to 30] of the CGST Act and Chapter III –
Registration [Rules 8 to 26] of the CGST Rules contain the provisions relating to
registration. State GST laws also prescribe identical provisions in relation to Registration.
Before proceeding to understand the registration provisions, let us first go
through few relevant definitions.
© The Institute of Chartered Accountants of India
REGISTRATION 9.3
2. RELEVANT DEFINITIONS
Agent: means a person, including a factor, broker, commission agent,
arhatia, del credere agent, an auctioneer or any other mercantile agent,
by whatever name called, who carries on the business of supply or
receipt of goods or services or both on behalf of another [Section 2(5)].
Common portal: means the common goods and services tax electronic
portal referred to in section 146 [Section 2(26)].
Council: means the Goods and Services Tax Council established under
article 279A of the Constitution [Section 2(36)].
Place of business: includes [Section 2(85)]:
a place from where the business is ordinarily carried on, and includes a
warehouse, a godown or any other place where a taxable person stores
his goods, supplies or receives goods or services or both; or
a place where a taxable person maintains his books of account; or
a place where a taxable person is engaged in business through an agent,
by whatever name called.
Appellate Authority: means an authority appointed or authorised to
hear appeals as referred to in section 107 [Section 2(8)].
Exempt supply: means supply of any goods or services or both which
attracts nil rate of tax or which may be wholly exempt from tax under
section 11 of the CGST Act, or under section 6 of the IGST Act, and
includes non-taxable supply [Section 2(47)].
Taxable supply: means a supply of goods or services or both which is
leviable to tax under this Act [Section 2(108)].
Taxable territory: means the territory to which the provisions of this Act
apply [Section 2(109)].
Taxable person: means a person who is registered or liable to be
registered under section 22 or section 24 [The concept of taxable person
has been discussed in detail in subsequent paras] [Section 2(107)].
© The Institute of Chartered Accountants of India
9.4 GOODS AND SERVICES TAX
8.4
Principal place of business: means the place of business specified as the
principal place of business in the certificate of registration [Section 2(89)].
Proper officer: in relation to any function to be performed under this
Act, means the Commissioner or the officer of the central tax who is
assigned that function by the Commissioner in the Board [Section 2(91)].
Registered person: means a person who is registered under section 25, but
does not include a person having a Unique Identity Number [Section 2(94)].
Fixed establishment: means a place (other than the registered place of
business) which is characterised by a sufficient degree of permanence and
suitable structure in terms of human and technical resources to supply
services, or to receive and use services for its own needs [Section 2(50)].
Tax period: means the period for which the return is required to be
furnished [Section 2(106)].
Business: includes [Section 2(17)]–
(a) any trade, commerce, manufacture, profession, vocation, adventure, wager
or any other similar activity, whether or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or incidental or ancillary to (a)
above;
(c) any activity or transaction in the nature of (a) above, whether or not there is
volume, frequency, continuity or regularity of such transaction;
(d) supply or acquisition of goods including capital assets and services in
connection with commencement or closure of business;
(e) provision by a club, association, society, or any such body (for a subscription
or any other consideration) of the facilities or benefits to its members, as the
case may be;;
(f) admission, for a consideration, of persons to any premises; and
(g) services supplied by a person as the holder of an office which has been
accepted by him in the course or furtherance of his trade, profession or
vocation;;
(h) activities of a race club including by way of totalisator or a license to
book maker or activities of a licensed book maker in such club
(i) any activity or transaction undertaken by the Central Government, a State
Government or any local authority in which they are engaged as public
authorities.
© The Institute of Chartered Accountants of India
REGISTRATION 9.5
3. CONCEPT OF TAXABLE PERSON [SECTION
2(107)]
Under GST law, the concept of taxable
person is significant since tax on supplies
of goods and/services, is to be paid by a
taxable person. So, let us understand the
concept of taxable person. As per section
2(107) of the CGST Act, taxable person
means a person who is registered or liable to be registered
under section 22 or section 24 [These sections have been discussed in detail
subsequently in this Chapter].
Thus, even an unregistered person who is liable to be registered is a taxable
person. Similarly, a person not liable to be registered, but has taken voluntary
registration and got himself registered is also a taxable person.
In the subsequent paras, we will see when does a person becomes liable to get
registered, what is the procedure for getting registered under GST and how to get
the registration application amended, when can registration be cancelled and when
the cancellation of the registration by the Department be revoked.
Following sections of Chapter VI – Registration of the CGST Act shall be discussed
in this chapter to understand the registration provisions:
Section 22 Persons liable for registration
Section 23 Persons not liable for registration
Section 24 Compulsory registration in certain cases
Section 25 Procedure for registration.
Section 26 Deemed registration
Section 27 Special provisions relating to casual taxable person and
non-resident taxable person
Section 28 Amendment of registration
Section 29 Cancellation or surrender of registration
Section 30 Revocation of cancellation of registration
© The Institute of Chartered Accountants of India
9.6 GOODS AND SERVICES TAX
8.6
4. PERSONS LIABLE FOR REGISTRATION
[SECTION 22]
STATUTORY PROVISIONS
Section 22 Persons liable for registration
Sub-section Particulars
(1) Every supplier shall be liable to be registered under this Act in the
State or Union territory, other than special category States, from
where he makes a taxable supply of goods or services or both, if his
aggregate turnover in a financial year exceeds twenty lakh rupees.
Provided that where such person makes taxable supplies of goods
or services or both from any of the special category States, he shall
be liable to be registered if his aggregate turnover in a financial
year exceeds ten lakh rupees.
Provided further that the Government may, at the request of
a special category State and on the recommendations of the
Council, enhance the aggregate turnover referred to in the
first proviso from ten lakh rupees to such amount, not
exceeding twenty lakh rupees and subject to such conditions
and limitations, as may be so notified.
(2) Every person who, on the day immediately preceding the appointed day,
is registered or holds a license under an existing law, shall be liable to be
registered under this Act with effect from the appointed day.
(3) Where a business carried on by a taxable person registered under
this Act is transferred, whether on account of succession or
otherwise, to another person as a going concern, the transferee or
the successor, as the case may be, shall be liable to be registered
with effect from the date of such transfer or succession.
© The Institute of Chartered Accountants of India
REGISTRATION 9.7
(4) Notwithstanding anything contained in sub-sections (1) and (3), in
a case of transfer pursuant to sanction of a scheme or an
arrangement for amalgamation or, as the case may be, de-merger
of two or more companies pursuant to an order of a High Court,
Tribunal or otherwise, the transferee shall be liable to be
registered, with effect from the date on which the Registrar of
Companies issues a certificate of incorporation giving effect to
such order of the High Court or Tribunal.
(5) Explanation––For the purposes of this section, ––
(i) the expression “aggregate turnover” shall include all supplies
made by the taxable person, whether on his own account or
made on behalf of all his principals
(ii) the supply of goods, after completion of job work, by a
registered job worker shall be treated as the supply of goods
by the principal referred to in section 143, and the value of
such goods shall not be included in the aggregate turnover
of the registered job worker
(iii) the expression “special category States” shall mean the
States as specified in sub-clause (g) of clause (4) of article
279A of the Constitution except the State of Jammu and
Kashmir and States of Arunachal Pradesh, Assam,
Himachal Pradesh, Meghalaya, Sikkim and
Uttarakhand.
ANALYSIS
(i) Threshold limit for registration
Every supplier of goods or services or both is required to obtain
registration
in the State or the Union territory from where he makes the taxable
supply
© The Institute of Chartered Accountants of India
9.8 GOODS AND SERVICES TAX
8.8
if his aggregate turnover exceeds specified threshold limit in a FY.
Aggregate Turnover
Before, we study what is the applicable threshold
limit for various States/ UTs, let us first
understand the concept of aggregate turnover.
Aggregate turnover is a crucial parameter for
deciding the eligibility of a supplier to avail the
benefit of threshold exemption from registration,
eligibility for composition scheme as well as for
option to pay tax at concessional rate under Notification No. 2/2019 CT (R)
dated 07.03.2019 [Discussed in Chapter 3 – Charge of GST].
‘Turnover’ in common parlance is the total volume of business. The term
‘aggregate turnover’ as defined under section 2(6) of the CGST Act has been
presented in the diagrammatic form as follows:
The term aggregate turnover as defined under section 2(6) of the CGST Act
has been analysed follows:
Aggregate turnover
--CGST
Value of all outward supplies
--SGST
--Taxable supplies
--UTGST
--Exempt supplies
--IGST
--Exports
--Compensation cess
--Inter-State supplies
--Value of inward supplies on
of persons having same PAN be
which tax is payable under
computed on all India basis
reverse charge
Section 2(6) [definition of ‘aggregate turnover’ as given above] read with
explanation (i) to section 22 has been analysed as follows:
(A) Aggregate turnover to exclude inward supplies on which tax is
payable under reverse charge: It may be noted that the inward
supplies on which recipient is required to pay tax under Reverse
© The Institute of Chartered Accountants of India
REGISTRATION 9.9
Charge Mechanism (RCM) do not form part of the ‘aggregate
turnover’. The law stipulates certain supplies like, Goods Transport
Agency services, legal services, to name a few, where the recipient of
service is made to pay the tax – Discussed in detail in Chapter 3 –
Charge of tax. The value of such supplies would not form part of the
‘aggregate turnover’ of recipient of such supplies.
Outward Supplies taxable
under reverse charge would
continue to be part of the
‘aggregate turnover’ of the
supplier of such supplies
Raghubir Private Ltd. pays GST on sitting fees paid to its
directors for the services rendered by them, under reverse
charge. Value of services provided by the directors to
Raghubir Private Ltd. will form part of the aggregate turnover of the
directors and not of Raghubir Private Ltd.
(B) Aggregate turnover excludes the element of CGST, SGST, UTGST,
and IGST and compensation cess.
(C) Aggregate turnover to include total turnover of all branches
under same PAN
Aggregate turnover is calculated by taking together the value in
respect of the activities carried out on all-India basis.
A dealer ‘X’ has two offices – one in Delhi and another in
Haryana. In order to determine whether ‘X’ is liable for
registration, turnover of both the offices would be taken into
account and only if the same exceeds the applicable threshold limit, X is
liable for registration.
(D) Value of exported goods/services, exempted goods/services,
inter-State supplies between distinct persons having same PAN,
to be included in aggregate turnover.
Madhur Oils, Punjab, is engaged in supplying machine oil as
well as petrol. Supply of petrol is not leviable to GST, but supply
of machine oil is taxable. In order to determine whether Madhur Oils is
© The Institute of Chartered Accountants of India
9.10 GOODS AND SERVICES TAX
8.10
liable for registration, turnover of both non-taxable as well as taxable
supplies would be taken into account and if the same exceeds the
applicable threshold limit, Madhur Oils is liable for registration.
(E) Aggregate turnover to include all supplies made by the taxable
person, whether on his own account or made on behalf of all his
principals.
Mohini Enterprises has appointed M/s Bestfords & Associates
as its agent. M/s Bestfords & Associates makes supply of
goods on its own account as well as on behalf of Mohini
Enterprises.
All the supplies of goods made by M/s Bestfords & Associates as agent
of Mohini Enterprises as well as on its own account will be included in the
aggregate turnover of M/s Bestfords & Associates.
(F) ‘Aggregate turnover’ Vs. ‘Turnover in a State’: The aggregate
turnover is different from turnover in a State. The former is used for
determining the threshold limit for registration and eligibility for
composition scheme as well as for option to pay tax at concessional
rate under Notification No. 2/2019 CT (R) dated 07.03.2019 [Discussed
in Chapter 3 – Charge of GST]. However, once a person is eligible for
composition levy, the amount payable under composition levy would
be calculated on the basis of ‘turnover in the State/UT’.
(G) Value of goods, after completion of job work, supplied directly
from the premises of the registered job worker not to be included
in its aggregate turnover
Job-work implies undertaking any treatment or
process by a person on goods belonging to
another registered taxable person.
The person who is treating or processing the
goods belonging to other person is called ‘job worker’ and the
person to whom the goods belongs is called ‘principal’. Schedule II of
the CGST Act stipulates that job work is a service.
Principal can supply the goods directly from the premises of the job
worker without bringing it back to his own premises.
© The Institute of Chartered Accountants of India
REGISTRATION 9.11
In case the job worker is unregistered, principal should declare job
worker’s premises as his additional place of business and remove
goods from the same.
If the job worker is a registered person/ principal supplies notified
goods, goods can be supplied directly from the premises of the job
worker.
Supply of goods, after completion of job work, directly from a
registered job worker’s premises is treated as supply of goods by the
principal.
Further, the value of such goods supplied will be included in the
aggregate turnover of the principal and not job worker.
supplies goods directly to buyer after completion of
job work on the same
Registered Buyer
Job worker
worker for processing
supplies goods to job
the same
Supply of such goods shall be
treated as the supply of goods by
the principal and the value of such
goods shall be included in the
aggregate turnover of the principal
Principal
Applicable threshold limit
The threshold limit prescribed under section 22(1) is ` 20 lakh in a FY, i.e.
every supplier, whose aggregate turnover in a financial year exceeds ` 20
lakh, is liable to be registered under GST in the State/ Union territory from
where he makes the taxable supply of goods and/or services.
However, the limit of ` 20 lakh will be reduced to ` 10 lakh if the person is
carrying out business in Special Category States. As per Article 279A(4)(g)
© The Institute of Chartered Accountants of India
9.12 GOODS AND SERVICES TAX
8.12
of the Constitution, there are 11 Special Category States, namely, States of
Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya,
Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand.
However, as per the explanation (iii) to section 22, for the purposes of
registration, only Mizoram, Tripura, Manipur and Nagaland are Special
Category States. Therefore, the threshold limit ` 10 lakh is applicable
for Mizoram, Tripura, Manipur and Nagaland.
If a person with places of business in
different States across India has one
branch in a Special Category State, the
threshold limit for GST registration will
be reduced to ` 10 lakh.
Further, Notification No. 10/2019 CT dated 07.03.2019 exempts any
person who is engaged in exclusive supply of goods and whose
aggregate turnover in the financial year does not exceed ` 40 lakh,
from registration requirement.
Exceptions to this exemption are as follows:
(a) persons required to take compulsory registration under section 24
of the CGST Act.
(b) persons engaged in making supplies of ice cream and other edible
ice, whether or not containing cocoa [2105 00 00], Pan masala
[2106 90 20] and all goods of Chapter 24, i.e. Tobacco and
manufactured tobacco substitutes.
(c) Persons engaged in making intra-State supplies in the States of
Arunachal Pradesh, Uttarakhand, Meghalaya, Sikkim, Telangana,
Puducherry and Special Category States as per section 22
[Nagaland, Mizoram, Manipur, Tripura]. Inter-State supplies of
goods are nevertheless liable to compulsory registration and are
already covered in exception (a) above.
(d) Person who has opted for voluntary registration or such registered
persons who intend to continue with their registration under the
CGST Act.
© The Institute of Chartered Accountants of India
REGISTRATION 9.13
In view the above discussion, the registration requirements under GST
can be summarised as follows:
Threshold limit for persons
engaged
exclusively in in supply of
supply of services/ both
goods goods &
services
States other than Puducherry ` 20 lakh ` 20 Lakh
Special Category
States Telangana ` 20 lakh ` 20 Lakh
Others ` 40 lakh ` 20 Lakh
Special Special Manipur ` 10 lakh ` 10 Lakh
Category Category
States as States as Mizoram ` 10 lakh ` 10 Lakh
per per Nagaland ` 10 lakh ` 10 Lakh
Constituti section 22
on Tripura ` 10 lakh ` 10 Lakh
Others Jammu and ` 40 lakh ` 20 Lakh
Kashmir
Assam ` 40 lakh ` 20 Lakh
Himachal ` 40 lakh ` 20 Lakh
Pradesh
Arunachal ` 20 Lakh ` 20 Lakh
Pradesh
Meghalaya ` 20 Lakh ` 20 Lakh
Sikkim ` 20 Lakh ` 20 Lakh
Uttarakhand ` 20 Lakh ` 20 Lakh
© The Institute of Chartered Accountants of India
9.14 GOODS AND SERVICES TAX
8.14
States with threshold
States with threshold States with threshold
limit of ` 20 lakh for
limit of ` 10 lakh for both limit of ` 20 lakh for both
services and ` 40 lakh
goods and services goods and services
for goods**
Arunachal Pradesh Jammu and
Manipur
Kashmir
Meghalaya
Mizoram Assam
Sikkim
Uttarakhand
Nagaland Himachal Pradesh
Puducherry
Tripura Telangana All other States
**persons engaged exclusively in supply of goods
Prithiviraj of Assam is exclusively engaged in intra-State supply of
shoes. His aggregate turnover in the current financial year is ` 22
lakh. In view of the discussion in the above paras, the applicable
threshold limit for registration for Prithviraj in the given case is ` 40 lakh. Thus,
he is not liable to get registered under GST.
If in above example, all other things remaining the same, Prithiviraj is
exclusively engaged in supply of pan masala instead of shoes, he will not be
eligible for higher threshold limit of ` 40 lakh and the applicable threshold limit
for registration in that given case will be ` 20 lakh. Thus, Prithiviraj will be
liable to get registered under GST.
If instead of pan masala, Prithiviraj is exclusively engaged in supply of taxable
services, the applicable threshold limit for registration will still be ` 20 lakh.
Thus, Prithiviraj will be liable to get registered under GST.
Further, if Prithiviraj is engaged in supply of both taxable goods and services,
the applicable threshold limit for registration will be ` 20 lakh. Thus, Prithiviraj
will be liable to get registered under GST.
Shivaji of Telangana is exclusively engaged in intra-State supply of
toys. Its aggregate turnover in the current financial year is ` 22 lakh.
Since Shivaji is making taxable supplies from Telangana, he will not
be eligible for higher threshold limit available in case of exclusive supply of
© The Institute of Chartered Accountants of India
REGISTRATION 9.15
goods. The applicable threshold limit for registration for Shivaji in the given
case is ` 20 lakh. Thus, he is liable to get registered under GST.
If in above example, all other things remaining the same, Shivaji is exclusively
engaged i n supply of taxable services instead of toys, the applicable threshold
limit for registration will still be ` 20 lakh. Thus, Shivaji will be liable to get
registered under GST.
Further, if Shivaji is engaged in supply of both taxable goods and services, the
applicable threshold limit for registration will be ` 20 lakh only. Thus, Shivaji
will be liable to get registered under GST.
Ashoka of Manipur is exclusively engaged in intra-State supply of
paper. Its aggregate turnover in the current financial year is ` 12
lakh. Since Ashoka is making taxable supplies from Manipur which is
a Special Category State, the applicable threshold limit for registration for
Ashoka in the given case is ` 10 lakh. Thus, he is liable to get registered under
GST.
If in above example, all other things remaining the same, Ashoka is exclusively
engaged in supply of taxable services instead of toys, the applicable threshold
limit for registration will still be ` 10 lakh. Thus, Ashoka will be liable to get
registered under GST.
Further, if Ashoka is engaged in supply of both taxable goods and services, the
applicable threshold limit for registration in that given case will be ` 10 lakh
only. Thus, Ashoka will be liable to get registered under GST.
Raghav of Assam is exclusively engaged in intra-State supply of
readymade garments. Its turnover in the current FY from Assam
showroom is ` 28 lakh. It has another showroom in Tripura with a
turnover of ` 11 lakh in the current FY. Since Raghav is engaged in supplying
garments from a Special Category State, the applicable threshold limit for him
gets reduced to ` 10 lakh. Further, Raghav is liable to get registered under GST
in both Assam and Tripura on his aggregate turnover crossing the threshold
limit of ` 10 lakh.
(ii) Registration required only for a place of business from where taxable
supply takes place
A person is required to obtain registration with respect to his each place of
business in India from where a taxable supply has taken place. However, a
© The Institute of Chartered Accountants of India
9.16 GOODS AND SERVICES TAX
8.16
supplier is not liable to obtain registration in a State/UT from where he
makes an exempt/non-taxable supply.
Uday Enterprises is engaged in supply of taxable goods in
Maharashtra. It also supplies alcoholic liquor for human
consumption from Nagaland. Its turnover in the current financial
year is ` 34 lakh in Maharashtra and ` 8 lakh in Nagaland.
Since Uday Enterprises is exclusively engaged in making taxable supplies of
goods from Maharashtra, the applicable threshold limit for obtaining
registration is ` 40 lakh. However, the threshold limit will not be reduced to
` 10 lakh in this case, as supply of alcoholic liquor for human consumption
from Nagaland (one of the Special Category States) are non-taxable supplies 1.
In the given case, since the aggregate turnover of Uday Enterprises exceeds the
applicable threshold limit of ` 40 lakh, it is liable to obtain registration. It will
obtain registration in Maharashtra, but is not required to obtain registration in
Nagaland as he is not making any taxable supplies from said State.
(iii) Person liable for registration in case of transfer of business
Where a business is transferred, whether on account
of succession/ any other reason [including
transfer/change in the ownership of business due
to death of the sole proprietor 2], to another
person as a going concern, the transferee/
successor, is to be registered with effect from the date of such
transfer/succession.
Where the business is transferred, pursuant to sanction of a scheme/
arrangement for amalgamation/ de-merger of two or more companies,
pursuant to an order of a High Court/Tribunal, the transferee is to be
registered with effect from the date on which the Registrar of Companies
issues a certificate of incorporation giving effect to such order.
5. COMPULSORY REGISTRATION IN CERTAIN
CASES [SECTION 24]
As we have seen above that a supplier is liable to be registered under GST
in the State/ Union territory from where he makes the taxable supply of
1
in terms of section 9(1) of CGST Act, 2017
2
clarified vide Circular No. 96/15/2019 GST dated 28.03.2019
© The Institute of Chartered Accountants of India
REGISTRATION 9.17
goods and/or services only if his aggregate turnover in a financial year
exceeds the applicable threshold limit. However, there are certain cases
wherein a supplier is mandatorily required to obtain registration irrespective
of his aggregate turnover. In other words, these are the cases wherein a
supplier is compulsorily required to obtain registration even though his
aggregate turnover does not exceed the applicable threshold limit.
However, certain exemptions from registration have also been provided
under section 23. These exceptions have been incorporated briefly at the
relevant places in the discussion under this heading for a holistic discussion.
The same have also been explained in detail in the next heading 6. Persons
Not liable for Registration.
The category of persons requiring compulsory registration under GST have
been enlisted below:
(1) Persons making any inter-State taxable supply. However, threshold limit
of ` 20 lakh (` 10 lakh in case of Special Category States of Mizoram,
Tripura, Manipur and Nagaland) is available in case of inter-State supply
of taxable services and of notified handicraft goods.
(2) Casual taxable persons (CTP) making taxable supply. However,
threshold limit of ` 20 lakh (` 10 lakh in case of Special Category States
of Mizoram, Tripura, Manipur and Nagaland) is available in case of CTP
who is making inter-State taxable supplies of notified handicraft goods and
availing the benefit of exemption from registration as mentioned in point (i)
above.
(3) Persons who are required to pay tax under reverse charge. However,
persons engaged exclusively in making supplies, tax on which is liable to be
paid on reverse charge basis are exempt from registration.
(4) Non-resident taxable persons (NRTP) making taxable supply.
(5) E-commerce: (i) Every ECO (Electronic Commerce Operator) who is
required to collect tax at source under section 52, (ii) persons who supply
goods and/or services, other than supplies specified under section 9(5),
through such ECO who is required to collect tax at source under section 52,
but threshold limit of ` 20 lakh (` 10 lakh in case of Special Category
States of Mizoram, Tripura, Manipur and Nagaland) is available in case
of suppliers supplying services through ECO.
© The Institute of Chartered Accountants of India
9.18 GOODS AND SERVICES TAX
8.18
(6) persons who are required to deduct tax under
section 51, whether or not separately registered In case a person already
under this Act. registered under GST is
(7) persons who make taxable supply of goods or required to deduct tax
under section 51, he is
services or both on behalf of other taxable
required to take separate
persons whether as an agent or otherwise. registration for the
(8) Input Service Distributor, whether or not purpose of deducting
tax under section 51.
separately registered under this Act.
(9) every person supplying online information and
data base access or retrieval (OIDAR) services
from a place outside India to a person in India, An ISD is required to
other than a registered person; and obtain a separate
registration even
(10) persons who are required to pay tax under though it may be
reverse charge under section 9(5) and separately registered.
(11) such other person or class of persons as may
be notified by the Government on the recommendations of the Council.
Note: Concept of CTP and NRTP is explained subsequently in this chapter.
6. PERSONS NOT LIABLE FOR REGISTRATION
[SECTION 23]
(i) Persons not liable to registration
Section 23 lists the persons who are not liable to registration. Thus, the
persons so listed will not be the ‘taxable persons’.
(A) Person engaged exclusively in the business of supplying goods and
/or services not liable to tax/wholly exempt from tax: As section 23,
any person engaged exclusively in the business of supplying goods or
services or both that are not liable to tax or wholly exempt from tax
under CGST Act/ IGST Act shall not be liable to registration. This
provision can be understood with the help of following examples:
Madhur Oils, Punjab, is exclusively engaged in supplying petrol.
Supply of petrol is not leviable to GST. Thus, Madhur Oils is not
liable for registration as it is engaged exclusively in supplying
goods wholly exempt from tax.
© The Institute of Chartered Accountants of India
REGISTRATION 9.19
Bhavyajyoti Foundation, a charitable trust registered under
section 12AA of the Income-tax Act, 1961, is exclusively engaged
in supply of services by way of charitable activities. Services by an
entity registered under section 12AA of the Income-tax Act, 1961 by way of
charitable activities are exempt from GST. Thus, Bhavyajyoti Foundation is
not liable for registration as it is engaged exclusively in supplying services
exempt from tax.
(B) An agriculturist, to the extent of supply of produce out of
cultivation of land: An agriculturist to the extent of supply of produce
out of cultivation of land is also not liable to registration. The term
agriculturist has been defined under section 2(7) of
the CGST Act as an individual/HUF who undertakes
cultivation of land—
(a) by own labour, or
(b) by the labour of family, or
(c) by servants on wages payable in cash or kind or
by hired labour under personal supervision or the
personal supervision of any member of the family.
From the above definition, it is clear that the benefit of
not being liable to registration is only restricted to the agriculturists who
are individuals or HUFs. Further, if an agriculturist is also engaged in
making any supply other than supply of produce out of cultivation of land,
he shall be liable to registration based on applicable threshold limit.
Deshbandhu is an agriculturist engaged in cultivation of wheat in
his field in the State of Punjab. He was exclusively engaged in
supply of wheat cultivated in his field in the previous year. Thus,
he was not liable to registration as he was exclusively engaged in supply of
produce out of cultivation of land.
In the current year, he decides to start trading in rice apart from supplying
his wheat produce. His turnover in the current year is ` 32 lakh from supply
of wheat produced and ` 9 lakh from trading of rice.
Since he is engaged in trading of rice also, he is not covered under section 23
above. The threshold limit for registration applicable to a person exclusively
engaged in supply of goods in the State of Punjab is ` 40 lakh. The aggregate
turnover of Deshbandhu in the current year is ` 41 lakh [` 32 lakh + ` 9 lakh]
which exceeds the threshold limit. Thus, he will be liable to registration.
© The Institute of Chartered Accountants of India
9.20 GOODS AND SERVICES TAX
8.20
(ii) Specified category of persons notified by the Government exempted from
obtaining registration
Following category of persons have been notified as being exempted from
obtaining registration under GST law:
A. Persons making only reverse charge supplies
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
section 9(3) have been exempted from obtaining registration
[Notification No. 5/2017 CT dated 19.06.2017].
Manikaran Transporters is a Goods Transport Agency (GTA)
engaged exclusively in supplying GTA services liable to tax
under reverse charge [since tax is payable on GTA services @
5% in the given case]. Thus, it is exempt from registration as it is
engaged exclusively in making supplies, tax on which is liable to be paid
on reverse charge basis.
Further, Manikaran Transporters supplies said service to Diwakar
Manufacturing Pvt. Ltd. whose aggregate turnover does not exceed the
applicable threshold limit. Since Diwakar Manufacturing Pvt. Ltd. has to
pay tax on GTA services [@ 5%] under reverse charge, it is required to
obtain registration mandatorily irrespective of its aggregate turnover.
B. Persons making inter-State supplies of taxable services up to ` 20 lakh
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 ` 20 lakh in a financial year have been
exempted from obtaining compulsory registration. However, the
aggregate value of such supplies, to be computed on all India basis,
should not exceed an amount of ` 10 lakh in case of Special Category
States of Mizoram, Tripura, Manipur and Nagaland [Notification
No. 10/2017 IT dated 13.10.2017].
Dhola & Co., located in Delhi, is engaged in supply of
taxable goods 3 in the neighbouring States of Punjab and
Haryana. Its aggregate turnover in current FY is ` 10 lakh.
Since it is engaged in making inter-State taxable supply of goods, it is
3
other than notified handicraft goods
© The Institute of Chartered Accountants of India
REGISTRATION 9.21
required to register mandatorily under GST irrespective of its
aggregate turnover.
However, if in the above case, Dhola & Co. is engaged in inter- State
supply of taxable services instead of goods, it will be eligible for
exemption from registration till its aggregate turnover does not
exceed ` 20 lakh.
C. Persons making inter-State taxable supplies of notified handicraft
goods up to ` 20,00,000
As we have seen earlier that as per section 24 read with
Notification No. 10/2017 IT, a person making inter-State supplies
of goods is liable to be registered compulsorily under GST
irrespective of the threshold limit.
However, in the following cases, persons
making inter-State supplies of goods have
been exempted from obtaining registration:
(a) Persons making inter-State taxable
supplies of notified 4 handicraft goods*.
(b) Persons making inter-State taxable
supplies of notified products 5 , when made by craftsmen
predominantly by hand even though some machinery may
also be used in the process.
4
Handicraft goods referred herein are goods as defined and notified in Notification No. 21/2018
CT (R) dated 26.07.2018. This notification notifies the handicraft items which are eligible for
concessional rate of tax, for instance, handcrafted candles, articles made of paper mache, coir
articles, handbags including pouches and purses; jewellery box, hand embroidered articles, art
ware of iron/aluminium, etc. These examples are only for the purpose of knowledge and are not
relevant for examination purposes.
Handicraft goods are defined under said notification as goods predominantly made by hand even
though some tools or machinery may also have been used in the process; such goods are graced
with visual appeal in the nature of ornamentation or in-lay work or some similar work of a
substantial nature; possess distinctive features, which can be aesthetic, artistic, ethnic or culturally
attached and are amply different from mechanically produced goods of similar utility.
5
Some of the notified products are leather articles, carved wood products, wood turning and
lacquer ware, bamboo products, textiles hand printing, theatre costumes, musical instruments,
dolls and toys, etc. These examples are only for the purpose of knowledge and are not relevant for
examination purpose.
© The Institute of Chartered Accountants of India
9.22 GOODS AND SERVICES TAX
8.22
Conditions to be fulfilled:
1. The aggregate value of such supplies, to be computed on all
India basis, does not exceed an amount of ` 20 lakh [` 10
lakh in case of Special Category States of Mizoram, Tripura,
Manipur and Nagaland] in a FY.
2. Such persons have obtained a PAN and have generated an e-
way bill [Notification No. 3/2018 IT dated 22.10.2018].
Ariza Pvt. Ltd., located in Madhya Pradesh, is a supplier of
taxable and notified handicraft goods. It supplies these goods
in the neighbouring States of Uttar Pradesh and Orissa. Its
aggregate turnover in the month of April is ` 15 lakh. Although Ariza Pvt.
Ltd. is engaged in making inter-State supplies of taxable goods, it is not
liable to obtain registration till its aggregate turnover does not exceed `
20 lakh as it has availed the exemption from registration under
Notification No. 03/2018 IT 6.
D. Casual Taxable Persons making inter-State taxable supplies of
notified handicraft goods up to ` 20 lakh
As we have seen earlier that as per section 24, a CTP is liable to be
registered compulsorily under GST irrespective of the threshold limit.
However, following categories of CTPs have been exempted from
obtaining registration:
(a) CTPs making inter-State taxable supplies of notified
handicraft goods, [as referred in Point C. above] or
(b) CTPs making inter-State taxable supplies of notified
products [as referred in Point C. above], when made by the
craftsmen predominantly by hand even though some
machinery may also be used in the process.
Conditions to be fulfilled:
1. CTPs are availing benefit of Notification No. 03/2018 IT
dated 22.10.2018 [discussed above].
2. The aggregate value of such supplies, to be computed on all
India basis, does not exceed an amount of ` 20 lakh [` 10
6
Subject to fulfilment of other conditions prescribed under said notification.
© The Institute of Chartered Accountants of India
REGISTRATION 9.23
lakh in case of Special Category States of Mizoram, Tripura,
Manipur and Nagaland] in a FY.
3. Such persons have obtained a PAN and have generated an
e-way bill [Notification No. 56/2018 CT dated 23.10.2018].
E. Persons making supplies of services through an ECO (other than
supplies specified under section 9(5) of the CGST Act) with
aggregate turnover up to ` 20 lakh
Persons making supplies of services, other than supplies specified
under section 9(5), through an ECO who is required to collect tax at
source under section 52, and having an aggregate turnover, to be
computed on all India basis, not exceeding ` 20 lakh (` 10 lakh in
case of Special Category States of Mizoram, Tripura, Manipur and
Nagaland) in a FY, have been exempted from obtaining compulsory
registration [Notification No. 65/2017 CT dated 15.11.2017].
Therefore, all service providers, whether supplying intra-State, inter-
State or through ECO, will be exempt from obtaining registration,
provided their aggregate turnover does not exceed ` 20 lakh (` 10
lakh in special category States except Jammu & Kashmir).
Liability to register in respect of services provided by the commission agent
for sale/ purchase of agricultural produce
Circular No. 57/31/2018 GST dated 04.09.2018, inter alia, clarifies as follows:
Mr. A sells agricultural produce by utilizing the services of Mr. B who is a
commission agent as per the Agricultural Produce Marketing Committee Act
(APMC Act) of the State 7. Mr. B identifies the buyers and sells
the agricultural produce on behalf of Mr. A for
which he charges a commission from Mr. A. In
cases where the invoice is issued by Mr. B to the
buyer, Mr. B is an agent as covered under Para
3. of Schedule I. Hence, services supplied by commission agent
Mr. B on behalf of the principal without consideration shall be deemed to be a
supply – Concept of Deemed Supply under Schedule-I has been discussed in
detail in Chapter 2 – Supply under GST.
7
As per the APMC Act, the commission agent is a person who buys or sells the agricultural
produce on behalf of his principal, or facilitates buying and selling of agricultural produce on
behalf of his principal and receives, by way of remuneration, a commission or percentage upon
the amount involved in such transaction.
© The Institute of Chartered Accountants of India
9.24 GOODS AND SERVICES TAX
8.24
The registration requirements of the commission agents in such cases have been
clarified as follows:
(i) Since the services provided by the commission agent for sale or purchase of
agricultural produce are exempt from GST vide Notification No. 12/2017 CT
(R) dated 28.06.2017 [Discussed in Chapter 4 – Exemptions from GST], such
commission agents (even when they qualify as agent under Schedule I) are
not liable to be registered in accordance with provisions of section 23(1)(a)
[as discussed above].
(ii) As we have already seen, a person is liable for mandatory registration if he
makes taxable supply of goods or services or both on behalf of other
taxable persons.
Accordingly, a commission agent will be liable to get mandatorily registered
under this provision only when both the following conditions are satisfied:
(a) the principal should be a taxable person; and
(b) the supplies made by the commission agent should be taxable.
However, generally, a commission agent under APMC Act makes supplies on
behalf of an agriculturist who is not a taxable person if he supplies produce
out of cultivation of land [as seen above].
Thus, a commission agent, who is making supplies on behalf of non-taxable
person [viz. agriculturist], is not liable for compulsory registration under this
provision.
(iii) However, where a commission agent is liable to pay tax under reverse
charge, such an agent will be required to get registered compulsorily (We
have already seen under previous heading that persons liable to pay tax
under reverse charge are required to obtain registration mandatorily).
The provisions of section 23 can be summarized in the following diagram:
Person engaged exclusively in the Person engaged exclusively in the
business of supplying goods/ services/ business of supplying goods/ services/
both not liable to tax both wholly exempt from tax
Persons not liable for
registration
Specified category of persons notified
Agriculturist to the extent of supply of
by the Government on GST Council
produce out of cultivation of land
recommendation
© The Institute of Chartered Accountants of India
REGISTRATION 9.25
7. PROCEDURE FOR REGISTRATION [SECTIONS
25, 26 & 27]
STATUTORY PROVISIONS
Section 25 Procedure for registration
Sub-section Particulars
(1) Every person who is liable to be registered under section 22 or
section 24 shall apply for registration in every such State or
Union territory in which he is so liable within thirty days from
the date on which he becomes liable to registration, in such
manner and subject to such conditions as may be prescribed.
Provided that a casual taxable person or a non-resident taxable
person shall apply for registration at least five days prior to the
commencement of business.
Provided further that a person having a unit, as defined in
the Special Economic Zones Act, 2005, in a Special Economic
Zone or being a Special Economic Zone developer shall have
to apply for a separate registration, as distinct from his
place of business located outside the Special Economic Zone
in the same State or Union territory.
(2) A person seeking registration under this Act shall be granted a
single registration in a State or Union territory.
Provided that a person having multiple places of business
in a State or Union territory may be granted a separate
registration for each such place of business, subject to such
conditions as may be prescribed.
(3) 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.
(4) A person who has obtained or is required to obtain more than one
registration, whether in one State or Union territory or more than
one State or Union territory shall, in respect of each such registration,
be treated as distinct persons for the purposes of this Act
© The Institute of Chartered Accountants of India
9.26 GOODS AND SERVICES TAX
8.26
(5) Where a person who has obtained or is required to obtain
registration in a State or Union territory in respect of an
establishment, has an establishment in another State or Union
territory, then such establishments shall be treated as
establishments of distinct persons for the purposes of this Act.
(6) Every person shall have a Permanent Account Number issued
under the Income- tax Act, 1961 in order to be eligible for grant
of registration:
Provided that a person required to deduct tax under section 51
may have, in lieu of a Permanent Account Number, a Tax
Deduction and Collection Account Number issued under the said
Act in order to be eligible for grant of registration.
(7) Notwithstanding anything contained in sub-section (6), a non-
resident taxable person may be granted registration under sub-
section (1) on the basis of such other documents as may be
prescribed
(8) Where a person who is liable to be registered under this Act fails
to obtain registration, the proper officer may, without prejudice
to any action which may be taken under this Act or under any
other law for the time being in force, proceed to register such
person in such manner as may be prescribed
(9) Notwithstanding anything contained in sub-section (1),––
(a) any specialised agency of the United Nations Organisation or
any Multilateral Financial Institution and Organisation
notified under the United Nations (Privileges and Immunities)
Act, 1947, Consulate or Embassy of foreign countries ; and
(b) any other person or class of persons, as may be notified by
the Commissioner,
shall be granted a Unique Identity Number in such manner and for
such purposes, including refund of taxes on the notified supplies of
goods or services or both received by them, as may be prescribed.
(10) The registration or the Unique Identity Number shall be granted
or rejected after due verification in such manner and within such
period as may be prescribed
© The Institute of Chartered Accountants of India
REGISTRATION 9.27
(11) A certificate of registration shall be issued in such form and with
effect from such date as may be prescribed
(12) A registration or a Unique Identity Number shall be deemed to
have been granted after the expiry of the period prescribed under
sub-section (10), if no deficiency has been communicated to the
applicant within that period
Section 26 Deemed registration
(1) The grant of registration or the Unique Identity Number under
the State Goods and Services Tax Act or the Union Territory
Goods and Services Tax Act shall be deemed to be a grant of
registration or the Unique Identity Number under this Act subject
to the condition that the application for registration or the
Unique Identity Number has not been rejected under this Act
within the time specified in sub-section (10) of section 25.
(2) Notwithstanding anything contained in sub-section (10) of section
25, any rejection of application for registration or the Unique Identity
Number under the State Goods and Services Tax Act or the Union
Territory Goods and Services Tax Act shall be deemed to be a
rejection of application for registration under this Act.
Section 27 Special provisions relating to casual taxable person and
non-resident taxable person
(1) The certificate of registration issued to a casual taxable person or
a non- resident taxable person shall be valid for the period
specified in the application for registration or ninety days from
the effective date of registration, whichever is earlier and such
person shall make taxable supplies only after the issuance of the
certificate of registration.
Provided that the proper officer may, on sufficient cause being
shown by the said taxable person, extend the said period of
ninety days by a further period not exceeding ninety days.
(2) A casual taxable person or a non-resident taxable person shall,
at the time of submission of application for registration under
sub-section (1) of section 25, make an advance deposit of tax in
an amount equivalent to the estimated tax liability of such
person for the period for which the registration is sought.
Provided that where any extension of time is sought under sub-
© The Institute of Chartered Accountants of India
9.28 GOODS AND SERVICES TAX
8.28
section (1), such taxable person shall deposit an additional
amount of tax equivalent to the estimated tax liability of such
person for the period for which the extension is sought.
(3) The amount deposited under sub-section (2) shall be credited to
the electronic cash ledger of such person and shall be utilised in
the manner provided under section 49.
ANALYSIS
Procedure for registration is governed by section 25 of the CGST Act read with
relevant CGST Rules, 2017. Relevant provisions of CGST Rules, 2017 have been
incorporated at the relevant places. Further, special provisions have been
provided for registration of casual taxable person and non-resident taxable
person under section 27. Concept of deemed registration has been elaborated
under section 26.
Under GST, the application for registration has to be submitted electronically at
the GST Common Portal – [Link], duly signed or verified through
Electronic Verification Code (EVC) [Aadhar OTP].
Around 30 forms/formats have been prescribed in the CGST Rules, 2017. For every
process in the registration chain such as application for registration,
acknowledgment, query, rejection, registration certificate, show cause notice for
cancellation, reply, cancellation, amendment, field visit report etc., there are
standard formats. This makes the process uniform all over the country. The
decision-making process has also been expedited. Strict time lines have been
stipulated for completion of different stages of registration process.
(i) Where and by when to apply for registration? [Section 25(1)]
Particulars Where When
Person who is liable in every such State/UT within 30 days from
to be registered in which he is so liable the date on which he
under section 22 or becomes liable to
section 24 registration
A casual taxable at least 5 days prior
person or a non- to the
resident taxable commencement of
© The Institute of Chartered Accountants of India
REGISTRATION 9.29
person business
Every person who in the coastal State/UT within 30 days from
makes a supply from where the nearest point the date on which he
the territorial waters of the appropriate base becomes liable to
of India line is located. registration
Sugam Services Ltd. is engaged in taxable supply of services in Delhi.
The turnover of Sugam Services Ltd. exceeded ` 20 lakh on 1st
November. It is liable to get registered by 1st December in Delhi.
(ii) State-wise registration [Section 25(2) read with rule 11]
(A) One registration per State
Registration needs to be taken State-wise, i.e. there are no
centralized registrations under GST. A business entity having its
branches in multiple States will have to take separate State-wise
registration for the branches in different States.
Further, within a State, an entity with different branches shall be
granted single registration wherein it can declare one place as
principal place of business (PPoB) and other branches as
additional place of business (APoB).
(B) Separate registration for different places of business within a
State/UT may be granted
Although a taxpayer having multiple places of business in
one State is not mandatorily required to obtain separate
registration for each such place of business in the State, he
has an option to obtain independent registrations with
respect to each such separate place of business.
However, separate registration for each place of business
shall be granted provided all separately registered places of
business of such person pay tax on supply of
goods/services/both made to another registered place of
business, of such person and issue a tax invoice/bill of
supply, for such supply. Separate registration application
needs to be filed for each place of business.
© The Institute of Chartered Accountants of India
9.30 GOODS AND SERVICES TAX
8.30
A registered person opting to obtain separate registration for
a place of business shall submit a separate application in
Form GST REG 01 in respect of such place of business.
The provisions of rules 9 and 10 [Discussed in subsequent paras]
relating to verification and grant of registration shall mutatis
mutandis apply to an application submitted under this rule.
Meethalal & Sons - a supplier in Maharshtra - has three
branches in Mumbai, Pune and Mahabaleshwar. Mumbai
and Pune branches are engaged in supply of garments and
Mahabaleshwar branch engaged in supply of shoes. Either it can
obtain single registration for Mahrashtra declaring one of the
branches as PPoB (let’s say Mumbai) and other two branches (Pune
and Mahabaleshwar) as APoB or it can obtain separate GST
registration for each of the three branches in Mumbai, Pune and
Mahabaleshwar as separate places of business.
In case Meethalal & Sons opts to have separate registrations for its
all three branches and Mumbai branch sends some garments [subject
to GST] for sale to Pune branch, Mumbai branch must raise a tax
invoice and pay tax on such transfer of garments to Pune branch.
(C) Composition levy in case of separate registration for multiple
places of business within a State/UT
If a person is paying tax for one of his places of business
under normal scheme, he shall not pay tax under
composition levy for any other place of business.
If one of the places of business [separately registered] of a
registered person becomes ineligible to pay tax under
composition levy, all other registered places of business of
said person would also become ineligible to pay tax under
composition levy.
The provisions of rules 9 and 10 [Discussed in subsequent paras]
relating to verification and grant of registration shall mutatis
mutandis apply to an application submitted under this rule.
(iii) Voluntary registration [Section 25(3)]
Voluntary
A person who is not liable to be registered under
Registration
section 22 or section 24 may get himself registered
© The Institute of Chartered Accountants of India
REGISTRATION 9.31
voluntarily. In case of voluntary registration, all provisions of this Act,
as are applicable to a registered person, shall apply to voluntarily
registered person.
However, once a person obtains voluntary registration, he has to pay
tax even though his aggregate turnover does not exceed ` 20 lakh/
` 10 lakh. Voluntary registration is usually obtained by the business
for ensuring seamless flow of credit to their customers.
(iv) Distinct Persons/ establishments of distinct persons [Section 25(4) & (5)]
A person who has obtained/ is required to obtain more than one
registration, whether in one State/ Union territory or more than one
State/Union territory shall, in respect of each such registration, be
treated as distinct persons.
Further, where a person who has obtained or is required to obtain
registration in a State or Union territory in respect of an
establishment, has an establishment in another State or Union
territory, then such establishments shall be treated as establishments
of distinct persons. These concepts have already been discussed in
detail in Chapter 2– Supply under GST.
(v) PAN must for obtaining registration [Section 25(6) & (7)]
A Permanent Account Number is mandatory to be eligible for grant of
registration.
A Non-Resident Taxable Person (NRTP) may be granted registration
on the basis of other prescribed documents [Elaborated in
subsequent paras].
(vi) Unique Identity Number (UIN) [Section 25(9) & (10) read with rule 17]
Any specialized agency of the United Nations Organization or
any Multilateral Financial institution and organization as
notified under the United Nations (Privileges and Immunities)
Act, 1947, consulate or embassy of foreign countries and any
other person notified by the Commissioner, is required to
obtain a UIN from the GSTN portal.
This UIN is needed for claiming refund of taxes paid on notified
supplies of goods and/or services received by them, and for such
other purpose as may be notified. UIN granted is a centralized UIN i.e.
© The Institute of Chartered Accountants of India
9.32 GOODS AND SERVICES TAX
8.32
it shall be applicable to the territory of India. A person having UIN is
not registered person and thus, is not a taxable person.
The proper officer may, upon submission of an application in
prescribed form or after filling up the said form or after receiving a
recommendation from the Ministry of External Affairs, Government of
India, assign a UIN to the said person and issue registration certificate
within 3 working days from the date of submission of application.
(vii) Suo-motu registration by the proper officer [Section 25(8) read with rule 16]
Where, pursuant to any survey, enquiry, inspection, search
Temporary
or any other proceedings under the Act, the proper officer Registration
finds that a person liable to registration under the Act**
has failed to apply for such registration, such officer may
register the said person on a temporary basis and issue an order in
prescribed form.
**Such person shall either:
(i) submit an application for registration in prescribed form within 90 days
from the date of grant of temporary registration, or
(ii) file an appeal against such temporary registration.
In case (ii), if the Appellate Authority upholds the liability to registration,
application for registration shall be submitted within 30 days from the date of
issuance of such order of the Appellate Tribunal.
Provisions relating to verification and issue of registration certificate [as
contained in rules 9 and 10] [discussed in subsequent paras] shall, mutatis
mutandis, apply to such application submitted by the person granted
temporary registration. GSTIN thereafter granted shall be effective from the
date of order of proper officer granting temporary registration.
(viii) Procedure for registration [Section 25 read with rules 8, 9 & 10]
Provisions relating to procedure for application for registration, verification
of the application and approval & issue of registration certificate are
contained in the rules 8, 9 and 10 of the CGST Rules, 2017 respectively. The
same have to be read in conjunction with section 25 provisions. However,
procedure so laid down will not apply to:
Non-resident taxable person
A person required to deduct tax at source under section 51
© The Institute of Chartered Accountants of India
REGISTRATION 9.33
A person required to collect tax at source under section 52
A person supplying OIDAR (online information and database access or
retrieval) services from a place outside India to a non-taxable online
recipient referred to in section 14 of IGST Act who is liable to be
registered under section 25(1)
Thus, procedure for registration prescribed under rules 8, 9 and 10 are also
applicable to a person paying tax under composition levy, every person
seeking voluntary registration as well as a casual taxable person. Such
persons shall apply for registration in Form GST REG 01. The application for
registration in GST Form REG 01 is divided into two parts – Part A and Part B.
In order to cater to the needs of tax payers who are not IT savvy, Facilitation
centres have been established which help the taxpayer in submitting the
application for registration, amending the registration certificate, submitting
application for cancellation of registration, revocation of cancellation of
registration, etc. Facilitation Centre shall be responsible for the digitization
and/or uploading of the forms and documents.
Application for registration by Special Economic Zone (SEZ) [Second
proviso to section 25(1): A person
having unit in SEZ/an SEZ SEZ is a geographically bound
zone where the economic laws
developer will have to make a
relating to export and import are
separate application for
more liberal as compared to other
registration as distinct from his parts of the country. SEZ is
place of business located outside considered to be a place outside
SEZ in the same State/UT. Thus, India for all tax purposes.
there may be a case where two
units of a tax payer are located in same State/UT - one in SEZ and another
outside SEZ. In that case, separate registrations have to be obtained for
each of the two units as separate places of business.
Suvarna Industries is engaged in manufacturing activities in Uttar
Pradesh. It has two manufacturing units in UP - one in SEZ and
another outside SEZ. Under GST, one registration per State is
required. However, since in this case, one of the two units of Suvarna Industries
is located in SEZ, it will have to compulsorily make a separate application for
registration as a place of business distinct from unit located outside SEZ.
Application for registration by Input Service Distributor [Second
proviso to rule 8(1) of the CGST Rules, 2017]: Every person being an
Input Service Distributor shall make a separate application for registration
© The Institute of Chartered Accountants of India
9.34 GOODS AND SERVICES TAX
8.34
as such Input Service Distributor. There is no threshold limit for registration
for an ISD. An ISD is required to obtain a separate registration even though
it may be otherwise registered, though the application shall be made in
Form GST REG 01 only. Different offices like marketing division, security
division etc. may apply for separate ISD registration.
Procedure for registration has been depicted by way of a diagram on next page:
Procedure for registration
Part I
Every person liable to get registered and person seeking voluntary registration shall, before
applying for registration, declare his Permanent Account Number (PAN), mobile number, e-
mail address, State/UT in Part A of FORM GST REG-01 on GST Common Portal.
PAN, mobile number PAN validated online by Mobile number and email
& e-mail address are Common Portal from verified through one time
validated. CBDT database password sent to it.
Temporary Reference Number (TRN) is generated and communicated to the applicant
on the validated mobile number and e-mail address.
Using TRN, applicant shall electronically submit application in Part B of application
form, along with specified documents at the Common Portal.
On receipt of such application, an acknowledgement in the prescribed form shall be
issued to the applicant electronically. A Causal Taxable Person (CTP) applying for
registration gets a TRN for making an advance deposit of tax in his electronic cash
ledger and an acknowledgement is issued only after said deposit.*
Application shall be forwarded to the Proper Officer.
The procedure after receipt of application by the Proper Officer is depicted in Part II.
* Discussed in detail in subsequent paras.
© The Institute of Chartered Accountants of India
REGISTRATION 9.35
Part II
Proper Officer examines the application and
accompanying documents.
Proper Officer issues notice
electronically, within 3 working
If same are found in order? days from application date
No thereby seeking clarification**,
information or documents from
the applicant.
Yes
If applicant has furnished the clarification**,
within 3 information or documents within 7 working No
working days days from receipt of notice?
from the date
of submission Yes
of application
If proper officer is satisfied with
it? No
Yes
Proper officer will grant
registration certificate in within 7 working days from the
Form GST REG-06 date of receipt of information/
clarification/ documents
Proper officer will reject the
application for reasons to be
recorded in writing.
**Clarification includes modification/correction of particulars declared in the application for
registration, other than PAN, State, Mobile No. & E-mail address.
Deemed Approval of Application
If the proper officer fails to take any action -
• within 3 working days from the date of submission of application, or
• within 7 working days from the date of receipt of clarification, information or
documents furnished by the applicant,
the application for grant of registration shall be deemed to have been approved.
© The Institute of Chartered Accountants of India
9.36 GOODS AND SERVICES TAX
8.36
Physical verification of business premises in certain cases after grant of
registration [Rule 25]
Where the proper officer is satisfied that the physical verification of the
place of business of a registered person is required after grant of
registration, he may get such verification done and the verification report
along with other documents, including photographs, shall be uploaded in
the prescribed form on the GST Common Portal, within 15 working days
following the date of such verification.
Issuance of registration certificate [Rule 10]
Where the application for grant of registration has been approved, a
certificate of registration [duly signed or verified through EVC by the proper
officer] in FORM GST REG-06 showing the principal place of business
(PPoB) and additional place(s) of business (APoB) is made available to the
applicant on the Common Portal and a Goods and Services Tax
Identification Number (hereinafter referred to as “GSTIN”) i.e. the GST
registration no. is communicated to applicant, within 3 days after the grant
of registration.
GSTIN format
State Code PAN Entity Check sum
Code character
Display of registration certificate and GSTIN on the name board [Rule 18]
Every registered person shall display his registration certificate in a
prominent location at his PPoB and at every APoB. Further, his GSTIN also
has to be displayed on the name board exhibited at the entry of his PPoB
and at every APoB.
(ix) Effective date of registration [Rule 10]
Where an applicant submits effective date of registration
application for registration is
within 30 days from the date he the date on which he becomes
becomes liable to registration liable to registration
after 30 days from the date he date of grant of registration
becomes liable to registration
© The Institute of Chartered Accountants of India
REGISTRATION 9.37
Sugam Services Ltd. is engaged in taxable supply of services in
Madhya Pradesh. The turnover of Sugam Services Ltd. exceeded `
20 lakh on 1st November. It is liable to get registered by 1st
December [30 days] in the State of Madhya Pradesh. It applies for registration
on 28th November and is granted registration certificate on 5th December. The
effective date of registration of Sugam Services Ltd. is 1st November.
In above example, if Sugam Services Ltd. applies for registration on
3rd December and is granted registration certificate on 10th
December. The effective date of registration of Sugam Services Ltd.
is 10 December.
th
(x) Special provisions for grant of registration in case of Non-Resident
Taxable Person (NRTP) and Casual Taxable Person (CTP) [Sections 25 &
27 read with rules 13 & 15]
(A) Meaning of casual taxable person and non-resident taxable
person
Before going into nuances of the registration provisions of CTP and
NRTP, let us first understand the meaning of casual taxable person
and non-resident taxable person:
Casual Taxable Person
There may be case where a person has a
registered business in some State in
India, but wants to effect supplies from
some other State in which he does not
have any fixed place of business. Such
person needs to register in the State
from where he seeks to supply as a
‘casual taxable person’.
CGST Act defines a casual person as a person who occasionally
undertakes transactions involving supply of goods or services or both
in the course or furtherance of business, whether as principal, agent or
in any other capacity, in a State/UT where he has no fixed place of
business [Section 2(20)]. He cannot exercise the option to pay tax
under composition levy.
© The Institute of Chartered Accountants of India
9.38 GOODS AND SERVICES TAX
8.38
Krishnadev & Co., engaged in supplying taxable goods, is
registered in Rajasthan. It wishes to participate in a business
exhibition being held in Delhi. However, it does not have a
fixed place of business in Delhi. In this case, Krishnadev & Co. has to
obtain registration as a casual taxable person in Delhi.
Non-Resident Taxable Person
A person who is a foreigner and
occasionally wants to effect taxable
supplies from any State in India needs
GST registration for the same. Such
person needs to register in the State
from where he seeks to supply as a
non-resident taxable person. CGST Act
defines non-resident taxable person
as any person who occasionally
undertakes transactions involving supply of goods or services or both,
whether as principal or agent or in any other capacity, but who has no
fixed place of business or residence in India [Section 2(77)]. He
cannot exercise the option to pay tax under composition levy.
Based on the aforesaid definitions, following points merit
consideration:
A CTP does not have a fixed place of business in the State/UT
where he undertakes supply though he might be registered with
regard to his fixed place of business in some other State/UT,
while a NRTP does not have fixed place of business/residence in
India at all.
A CTP has to undertake transactions in the course or furtherance
of business whereas the business test is absent in the definition
of NRTP.
(B) Special registration provisions of casual taxable person and non-
resident taxable person
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 5 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
© The Institute of Chartered Accountants of India
REGISTRATION 9.39
estimated tax liability. The special registration procedure pertaining to
CTP and NRTP are as follows:
(A) Both CTP 8 and NRTP have to compulsorily get registered
under GST irrespective of the threshold limit, at least 5 days
prior to commencement of business.
(B) As per section 25(6), every person must have a PAN to be
eligible for registration. Since NRTP will generally not have
a PAN of India, he may be granted registration on the basis
of other prescribed documents.
He has to submit a self-attested copy of his valid passport along with
the application signed by his authorized signatory who is an Indian
Resident having valid PAN. However, in case of a business entity
incorporated or established outside India, the application for
registration shall be submitted along with its tax identification number
or unique number on the basis of which the entity is identified by the
Government of that country or its PAN, if available.
Application will be submitted by NRTP in a different prescribed form
whereas CTP will submit the application for registration in the normal
form for application for registration i.e. Form GST REG 01 and his
registration of CTP will be a PAN based registration.
(C) Period of validity of registration certificate granted to
CTP/NRTP
Registration Certificate granted to
CTP/NRTP will be valid for: CTP and NRTP will
make taxable
(i) Period specified in the registration
supplies only after
application, or
the issuance of the
(ii) 90 days from the effective date of certificate of
registration [can be extended further registration.
by a period not exceeding 90 days by
making an application before the end of the validity of
registration granted to him]
whichever is earlier.
8
Subject to exemption from registration under Notification No. 56/2018 CT dated 23.10.2018
© The Institute of Chartered Accountants of India
9.40 GOODS AND SERVICES TAX
8.40
Provisions relating to verification of application and grant of
registration [under rules 9 and 10] will apply mutatis mutandis, to an
application for registration filed by NRTP.
(D) Advance deposit of tax
At the time of submitting the registration application, CTP/NRTP are
required to make an advance deposit of tax** in an amount
equivalent to the estimated tax liability of such person for the period
for which the registration is sought.
Such person will get a TRN for making an advance deposit of tax which
shall be credited to his electronic cash ledger. An acknowledgement
of receipt of application for registration is issued only after said
deposit.
Such advance tax deposit amount should be calculated after considering
the due eligible ITC which might be available to such casual taxable
person [Circular No. 71/45/2018-GST dated 26.10.2018].
**Where extension of time is sought as referred to in Point (C)(ii) above,
such registered taxable person will deposit an additional amount of tax
equivalent to the estimated tax liability of such person for the period for
which the extension is sought.
Registration of participants of long running exhibitions
In case of long running exhibitions (for a period
more than 180 days), the taxable person cannot
be treated as a CTP and thus such person would
be required to obtain registration as a normal
taxable person.
While applying for normal registration, the said
person should upload a copy of the allotment
letter granting him permission to use the
premises for the exhibition and the allotment letter/consent letter shall be
treated as the proper document as a proof for his place of business.
In such cases, he would not be required to pay advance tax [Refer Point D.] for
the purpose of registration. He can surrender such registration once the
exhibition is over [Circular No. 71/45/2018-GST dated 26.10.2018].
© The Institute of Chartered Accountants of India
REGISTRATION 9.41
(xi) Deemed registration [Section 26]
Registration under GST is not tax specific, which means that there is single
registration for all the taxes i.e. CGST, SGST/UTGST, IGST and cesses.
Grant of registration/UIN under any SGST Act/ UTGST Act is deemed to be
registration/UIN granted under CGST Act provided application for
registration has not been rejected under CGST Act.
Further, rejection of application for registration/UIN under SGST Act/UTGST
Act is deemed to be rejection of application for registration under CGST Act.
(xii) Special provisions for grant of registration in case of persons required
to deduct tax at source under section 51 or to collect tax at source
under section 52 [Rule 12]
Application for registration has to be submitted by such persons in a different
prescribed form at GST Common Portal. They would be granted registration
within 3 working days from the date of submission of application after due
verification.
When a person is applying for registration to collect TCS in a State/UT
where he does not have a physical presence, he shall mention name of
said State/UT in Part A of prescribed application form for registration.
Further, the name of the State/UT in which his principal place of
business is located is to be mentioned in Part B of the application form.
States/UTs mentioned in Part A and Part B of the application form may
be different.
Registration will be cancelled if proper officer is satisfied that such person is
no longer liable to deduct tax at source or collect tax at source.
Cancellation of registration will be communicated to such person
electronically in prescribed form. Proper Officer shall follow the procedure
laid down for cancellation of registration prescribed under this Act and rules
therein.
(xiii) Special provisions for grant of registration in case of person supplying
online information and data base access or retrieval services (OIDAR
services) from a place outside India to a non-taxable online recipient
[Rule 14]
Application for registration has to be submitted by such persons in a
different prescribed form. They would be granted registration subject to
© The Institute of Chartered Accountants of India
9.42 GOODS AND SERVICES TAX
8.42
such conditions and restrictions and by such officer as may be notified by
the Central Government on the recommendations of the Council.
In this Chapter, while elaborating the registration
provisions contained in Chapter -III Registration of CGST
Rules, 2017, only Registration forms - Form GST REG-01
and Form GST REG-06 have been discussed. Students are
advised to go through various forms/formats relating to registration
at [Link] for knowledge purposes.
8. AMENDMENT OF REGISTRATION [SECTION 28]
STATUTORY PROVISIONS
Section 28 Amendment of registration
Sub-section Particulars
(1) Every registered person and a person to whom a Unique Identity
Number has been assigned shall inform the proper officer of any
changes in the information furnished at the time of registration
or subsequent thereto, in such form and manner and within such
period as may be prescribed.
(2) The proper officer may, on the basis of information furnished
under sub-section (1) or as ascertained by him, approve or reject
amendments in the registration particulars in such manner and
within such period as may be prescribed.
Provided that approval of the proper officer shall not be required
in respect of amendment of such particulars as may be
prescribed.
Provided further that the proper officer shall not reject the
application for amendment in the registration particulars without
giving the person an opportunity of being heard.
(3) Any rejection or approval of amendments under the State Goods
and Services Tax Act or the Union Territory Goods and Services
Tax Act, as the case may be, shall be deemed to be a rejection or
approval under this Act.
© The Institute of Chartered Accountants of India
REGISTRATION 9.43
ANALYSIS
A registered person may need to make some changes/amendments in the
registration application. There are two categories of details in registration
application – core and non-core fields.
Core fields are name of the business, (legal name) if there is no change in PAN,
addition / deletion of stakeholders, principal place of business (other than change
in State) or additional place of business (other than change in State). All other
fields are non-core fields like name of day to day functionaries, e-mail Ids,
mobile numbers etc.
In case the change is in core information in the registration application, the
taxable person will apply for amendment within 15 days of the event
necessitating the change. The proper officer, then, will approve the amendment
within next 15 days. For other changes – non-core information, 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.
The provisions relating to amendment of registration are contained in section 28
read with rule 19 of CGST Rules, 2017.
The significant aspects of the same are discussed hereunder:
Where there is any change in the particulars furnished in registration
application/UIN application, registered person shall submit an application in
prescribed manner, either at the time of obtaining registration or Unique
Identity Number or as amended from time to time, within 15 days of such
change, along with documents relating to such change at the Common Portal.
In case of amendment of core fields of information, the proper officer
may, on the basis of information furnished or as ascertained by him,
approve or reject amendments in the registration particulars in the
prescribed manner. Such amendment shall take effect from the date of
occurrence of event warranting such amendment.
However, where change relates to non-core fields of information,
registration certificate shall stand amended upon submission of the
application for amendment on the Common Portal.
The proper officer shall not reject the application for amendment in the
registration particulars without giving the person an opportunity of being heard.
© The Institute of Chartered Accountants of India
9.44 GOODS AND SERVICES TAX
8.44
Any rejection or approval of amendments under the SGST/UTGST Act shall
be deemed to be a rejection or approval under this Act.
Any particular of the application for registration shall not stand amended with
effect from a date earlier than date of submission of application for
amendment on common portal except with order of Commissioner for reasons
to be recorded in writing and subject to conditions specified by Commissioner
in the said order.
Application for amendment of registration cannot be filed for change in
PAN because GST registration is PAN-based. One needs to make fresh
application for registration in case there is change in PAN. Thus. where a
change in the constitution of any business results in change of PAN of a
registered person, the said person shall apply for fresh registration.
Similarly, application for amendment of registration form cannot be filled if
there is change in place of business from one State to the other because
GST registrations are State-specific. If one wishes to relocate his business to
another State, he must voluntarily cancel his current registration and apply
for a fresh registration in the State he is relocating his business.
Core fields of information
Permission of proper officer required
if change relates to core fields of
information
And such change does not warrant cancellation of registration under
section 29 Addition, deletion or retirement of
partners or directors, Karta, Managing
Committee, Board of Trustees, Chief
Legal name Address of Executive Officer or equivalent,
of business PPoB/APoB responsible for day to day affairs of the
business
Change of these two particulars shall be applicable for all registrations of a
registered person obtained under provisions of this Chapter on same PAN.
Mobile no./e-mail address of authorised signatory can be amended only after online
verification through GST Portal.
© The Institute of Chartered Accountants of India
REGISTRATION 9.45
Submission of
Core areas application within 15
days of change
Registered
Person/ UIN
holder
Non-core areas GST
Common Portal
Amendment carried out on GST
Common Portal
Permission to be
granted within next 15
Registration certificate Proper Officer (PO)
days
amended
PO will serve a SCN why But, if PO is of the opinion that
application for amendment amendment is unwarranted or documents
should not be rejected? furnished are incomplete/incorrect.
within 15 working days of
receipt of application
If registered person replies
to the notice within 7
No working days?
Yes
No
If reply is satisfactory?
Application for amendment
shall be rejected.
© The Institute of Chartered Accountants of India
9.46 GOODS AND SERVICES TAX
8.46
If the proper officer fails to take any action,-
(a) within a period of 15 working days from the date of submission of the
application, or
(b) within a period of 7 working days from the date of the receipt of the reply to the
show cause notice,
the certificate of registration shall stand amended to the extent applied for and the
amended certificate shall be made available to the registered person on the common
portal.
9. CANCELLATION OR SUSPENSION OF
REGISTRATION AND REVOCATION OF
CANCELLATION [SECTIONS 29 & 30]
STATUTORY PROVISIONS
Section 29 Particulars
Sub-section Cancellation or suspension of registration
(1) The proper officer may, either on his own motion or on an
application filed by the registered person or by his legal heirs, in
case of death of such person, cancel the registration, in such
manner and within such period as may be prescribed, having
regard to the circumstances where:
(a) the business has been discontinued, transferred fully for
any reason including death of the proprietor,
amalgamated with other legal entity, demerged or
otherwise disposed of
(b) there is any change in the constitution of the business
(c) the taxable person, other than the person registered under
sub-section (3) of section 25, is no longer liable to be
registered under section 22 or section 24
Provided that during pendency of the proceedings relating to
© The Institute of Chartered Accountants of India
REGISTRATION 9.47
cancellation of registration filed by the registered person, the
registration may be suspended for such period and in such
manner as may be prescribed.
(2) The proper officer may cancel the registration of a person from such
date, including any retrospective date, as he may deem fit, where,––
(a) a registered person has contravened such provisions of the
Act or the rules made thereunder as may be prescribed
(b) a person paying tax under section 10 has not furnished
returns for three consecutive tax periods
(c) any registered person, other than a person specified in
clause (b), has not furnished returns for a continuous
period of six months
(d) any person who has taken voluntary registration under
sub-section (3) of section 25 has not commenced business
within six months from the date of registration
(e) registration has been obtained by means of fraud, wilful
misstatement or suppression of facts
Provided that the proper officer shall not cancel the registration
without giving the person an opportunity of being heard.
Provided further that during pendency of the proceedings
relating to cancellation of registration, the proper officer
may suspend the registration for such period and in such
manner as may be prescribed.
(3) The cancellation of registration under this section shall not affect
the liability of the person to pay tax and other dues under this Act
or to discharge any obligation under this Act or the rules made
thereunder for any period prior to the date of cancellation whether
or not such tax and other dues are determined before or after the
date of cancellation.
(4) The cancellation of registration under State Goods & Services Tax Act
or Union Territory Goods and Services Tax Act, as the case may be,
shall be deemed to be a cancellation of registration under this Act.
© The Institute of Chartered Accountants of India
9.48 GOODS AND SERVICES TAX
8.48
(5) Every registered person whose registration is cancelled shall pay
an amount, by way of debit in the electronic credit ledger or
electronic cash ledger, equivalent to the credit of input tax in
respect of inputs held in stock and inputs contained in semi-
finished or finished goods held in stock or capital goods or plant
and machinery on the day immediately preceding the date of such
cancellation or the output tax payable on such goods, whichever is
higher, calculated in such manner as may be prescribed.
Provided that in case of capital goods or plant and machinery, the
taxable person shall pay an amount equal to the input tax credit
taken on the said capital goods or plant and machinery, reduced
by such percentage points as may be prescribed or the tax on the
transaction value of such capital goods or plant and machinery
under section 15, whichever is higher.
(6) The amount payable under sub-section (5) shall be calculated in
such manner as may be prescribed.
Section 30 Revocation of cancellation of registration
(1) Subject to such conditions as may be prescribed, any registered
person, whose registration is cancelled by the proper officer on his
own motion, may apply to such officer for revocation of
cancellation of the registration in the prescribed manner within
thirty days from the date of service of the cancellation order.
(2) The proper officer may, in such manner and within such period as
may be prescribed, by order, either revoke cancellation of the
registration or reject the application.
Provided that the application for revocation of cancellation of
registration shall not be rejected unless the applicant has been
given an opportunity of being heard.
(3) The revocation of cancellation of registration under the State
Goods and Services Tax Act or the Union Territory Goods and
Services Tax Act, as the case may be, shall be deemed to be a
revocation of cancellation of registration under this Act.
© The Institute of Chartered Accountants of India
REGISTRATION 9.49
ANALYSIS
The provisions relating to cancellation of registration and its revocation are
contained in sections 29 & 30 respectively read with rules 20 to 23 of the CGST
Rules, 2017. The registration granted under GST can be cancelled for specified
reasons. The cancellation can either be initiated by the Department on their own
motion or the registered person can apply for cancellation of their registration.
Where the
Voluntary For example, in case of
registered
cancellation by death of registered
person no more person, the legal heirs can
registered
requires the
Cancellation of
person apply for cancellation
registration
registration
For example, when the
Where the Proper registrant is not doing
Officer considers business from the
Suo-motu
the registration of registered place of
cancellation by business or if he issues tax
a person liable for
the Department invoice without making
cancellation in view
of certain defaults the supply of goods or
services.
(i) Circumstances where registration is liable to be cancelled [Section
29(1) & (2)]
A. Circumstances when the registration can be cancelled either suo
motu by proper officer or on an application of the registered
person or his legal heirs (in case death of such person)
Cancellation by the registered person on its own or by the
Department
--Business discontinued
--Transferred fully for any Taxable person (other
reason including death of than voluntarily
the proprietor Change in the registered person)
--Amalgamated with other constitution of the who is no longer
legal entity business liable to be registered
under section 22 or
--Demerged or
section 24.
--Otherwise disposed of
© The Institute of Chartered Accountants of India
9.50 GOODS AND SERVICES TAX
8.50
B. Circumstances when the proper officer can cancel registration on
his own
In the following cases, registration can be cancelled by the proper officer
from such date, including any retrospective date, as he may deem fit:
A registered person
has contravened the
prescribed provisions
(Refer I below)
Proper
Registration was obtained officer can A registered person has
by means of fraud, wilful cancel not filed returns for
misstatement or registration continuous 6 months
suppression of facts on his own (Refer II below)
if
Voluntarily registered
person has not
commenced the business
within 6 months from the
date of registration
(I) Prescribed contraventions which make a registred person liable
to cancellation of registration [Rule 21]: The registered person-
(a) does not conduct any business from the declared place of
business, or
(b) issues invoice/bill without supply of goods/services in
violation of the provisions of this Act, or the rules made
thereunder.
(c) violates the provisions of section 171 of the CGST Act.
Section 171 of the CGST Act, 2017 contains provisions
relating to anti-profeetering measure 9.
(II) 3 consecutive tax periods in case of a person who opted for
composition levy.
C. Suspension of registration [First proviso to section 29(1) and
second proviso to section 29(2) read with rule 21A]
Once a registered person has applied for cancellation of
9
Anti-profeetering measure shall be discussed in Chapter 24 – Miscellaneous Provisions.
© The Institute of Chartered Accountants of India
REGISTRATION 9.51
registration or the proper officer seeks to cancel his registration,
the proper officer may suspend his registration during pendency of
the proceedings relating to cancellation of
registration filed. In this way, a taxpayer is freed
from the routine compliances, including filing
returns, under GST law during the pendency of
the proceedings related to cancellation of registration.
The period and manner of suspension of registration is as follows:
1. Where registered person has applied for cancellation of
registration: Where a registered person has applied for
cancellation of registration, the registration shall be deemed
to be suspended from:
(a) the date of submission of the application
or
(b) the date from which the cancellation is sought,
whichever is later,
pending the completion of proceedings for cancellation of
registration.
2. Where cancellation of the registration has been initiated by
the Department on its own motion: Where the proper officer
has reasons to believe that the registration of a person is
liable to be cancelled, he may, after affording the said
person a reasonable opportunity of being heard, suspend the
registration of such person with effect from a date to be
determined by him, pending the completion of the
proceedings for cancellation of registration.
3. A registered person, whose registration has been suspended
as above:
• shall not make any taxable supply during the period of
suspension and
• shall not be required to furnish any return under
section 39.
4. The suspension of registration shall be deemed to be revoked
upon completion of the cancellation proceedings by the
proper officer. Such revocation shall be effective from the
date on which the suspension had come into effect.
© The Institute of Chartered Accountants of India
9.52 GOODS AND SERVICES TAX
8.52
(ii) Procedure for cancellation of registration [Rules 20 and 22]
(a) Voluntary cancellation by registered person
Application
A registered person seeking cancellation of registration 10 shall electronically
submit the application for cancellation of registration in prescribed form
within 30 days of occurrence of the event warranting cancellation.
He is required to furnish in the application the details of inputs held in stock
or inputs contained in semi-finished/finished goods held in stock and of
capital goods held in stock on the date from which cancellation of
registration is sought, liability thereon, details of the payment, if any,
made against such liability and may furnish relevant documents thereof.
Order
Where a person who has submitted an application for cancellation of his
registration is no longer liable to be registered, proper officer shall issue the
order of cancellation of registration within 30 days from the date of
submission of application for cancellation.
(b) Suo-motu cancellation by the Department
Where the proper officer cancels the registration suo-motu, he shall not
cancel the same without giving a show cause notice and without giving a
reasonable opportunity of being heard, to the registered person. The reply
to such show cause notice (SCN) has to be submitted within 7 days of
service of notice.
If reply to SCN is satisfactory, proper officer shall drop the proceedings and
pass an order in prescribed form. However, where the person instead of
replying to the SCN served for failure to furnish returns for a continuous
period of 6 months (3 months in case of composition scheme supplier) 11
furnishes all the pending returns and makes full payment of the tax dues
along with applicable interest and late fee, the proper officer shall drop the
proceedings and pass an order.
Where registration of a person is liable to be cancelled, proper officer shall
issue the order of cancellation of registration within 30 days from the date
of reply to SCN.
10
under section 29(1)
11
viz. contravention of the provisions contained in section 29(2)(b)/(c) of the CGST Act.
© The Institute of Chartered Accountants of India
REGISTRATION 9.53
(c) Effective date of cancellation
The cancellation of registration shall be effective from a date to be
determined by the proper officer and mentioned in the cancellation order.
He will direct the taxable person to pay arrears of any tax, interest or
penalty including the amount liable to be paid under section 29(5).
(iii) Amount payable on cancellation of registration [Section 29(5) & (6)]
A registered person whose registration is cancelled will have to debit the
electronic credit or cash ledger by an amount equivalent to:
(i) input tax credit (ITC) in respect of:
stock of inputs and inputs contained in semi-finished/finished
goods’ stock or
capital goods or plant and machinery
on the day immediately preceding the date of cancellation, or
(ii) the output tax payable on such goods
whichever is higher, calculated in such manner as may be prescribed.
However, in case of capital goods or plant and machinery, the taxable
person shall pay an amount equal to the input tax credit taken on the said
capital goods or plant and machinery, reduced by such percentage points as
may be prescribed or the tax on the transaction value of such capital goods
or plant and machinery under section 15, whichever is higher.
The manner of determination of amount of credit to be reversed is
prescribed under rule 44 of the CGST Rules, 2017. On conjoint reading of
section 29(5) and rule 44, it can be inferred as follows:
Amount of credit to be reversed in respect of INPUTS:
ITC in respect of ITC on inputs computed
inputs calculated proportionately on the basis
in accordance of corresponding invoices**
with rule 44 of the on which credit had been whichever is
CGST Rules availed on such inputs. higher
Output tax payable on such goods
© The Institute of Chartered Accountants of India
9.54 GOODS AND SERVICES TAX
8.54
* Discussed in detail in Chapter-8: Input Tax Credit
**If tax invoices are not available, the ITC to be reversed will be based on the
prevailing market price (MP) of such goods on the date of cancellation.
Amount of credit to be reversed in respect of CAPITAL GOODS OR
PLANT & MACHINERY:
ITC in respect of ITC involved in the
capital goods or remaining useful life in
plant & machinery months of the capital
calculated in goods will be reversed on
accordance with rule pro-rata basis, taking the whichever is
44 of the CGST Rules useful life as 5 years higher
Tax on the transaction value of such capital goods or
plant and machinery under section 15
Capital goods have been in use for 4 years, 6 month and 15 days.
The useful remaining life in months = 5 months ignoring a part
of the month.
ITC taken on such capital goods = C
ITC attributable to remaining useful life = C x 5/60
It is important to note that this requirement to debit the electronic credit
and/or cash ledger by suitable amounts is not a prerequisite for applying
for cancellation of registration. This can also be done at the time of
submission of Final Return 12.
(iv) Other points about cancellation
A person to whom a UIN has been granted under rule 17 cannot apply
for cancellation of registration [Rule 20]
12
A taxable person whose GST registration is cancelled or surrendered has to file a return
known as Final Return. This is statement of stocks held by such taxpayer on day immediately
preceding the date from which cancellation is made effective. Detailed provisions of Final Return
are discussed in Chapter 13 -Returns.
© The Institute of Chartered Accountants of India
REGISTRATION 9.55
The cancellation of registration will not affect liability of registered
person to pay tax and other dues under the Act for any period prior to
the date of cancellation 13 [Section 29(3)]
The cancellation of registration under either SGST Act/UTGST Act shall
be deemed to be a cancellation of registration under CGST Act
[Section 29(4)].
Once registration is cancelled by the tax authority, the taxpayer will be
intimated about the same via sms and email. Order for cancellation of
registration will be issued and intimated to the primary authorized
signatory by email and sms.
Taxpayer would not be allowed to file return for the period after date
of cancellation mentioned in the cancellation order. However, he can
submit returns of the earlier period (i.e. for the period before date of
cancellation mentioned in the cancellation order for which registration
was active).
(v) Revocation of cancellation of registration [Section 30 read with rule 23]
(A) Procedure for revocation of cancellation
Where the registration of a person is cancelled suo-motu by the
proper officer, such registered person may apply for revocation
of the cancellation to such proper officer, within 30 days from
the date of service of the order of cancellation of registration.
If the proper officer is satisfied that there are sufficient grounds
for revokation of cancellation, he may revoke the cancellation of
registration, by an order within 30 days of receipt of application
and communicate the same to applicant.
Otherwise, he may reject the revocation application. However,
before rejecting the application, he has to first issue SCN to the
applicant who shall furnish the clarification within 7 working
days of service of SCN. The proper officer shall dipose the
application (accept/reject the same) within 30 days of receipt of
clarification.
13
whether or not such tax and other dues are determined before or after the date of
cancellation.
© The Institute of Chartered Accountants of India
9.56 GOODS AND SERVICES TAX
8.56
(B) Where registration was cancelled for failure of registered person
to furnish returns
Where registration was cancelled for failure of registered person to
furnish returns, before applying for revocation, the person has to
make good the defaults, i.e. the person needs to file such returns.
However, the registration may have been cancelled by the proper
officer either from the date of order of cancellation of registration or
from a retrospective date.
(1) Where the registration has been cancelled with effect from
the date of order of cancellation of registration
As we have already seen that the common portal does not allow
furnishing of returns after the effective date of cancellation, but
returns for the earlier period (i.e. for the period before date of
cancellation mentioned in the cancellation order) can be
furnished after cancellation.
Where the registration is cancelled with effect from the date of
order of cancellation of registration, person applying for
revocation of cancellation has to furnish all returns due till the
date of such cancellation before the application for revocation
can be filed and has to pay any amount due as tax, in terms of
such returns along with any amount payable towards interest,
penalties or late fee payable in respect of the said returns.
However, since the portal does not allow to furnish returns after
the date of cancellation of registration, all returns due for the
period from the date of order of cancellation till the date of order
of revocation of cancellation of registration have to be furnished
within a period of 30 days from the date of the order of revocation.
© The Institute of Chartered Accountants of India
REGISTRATION 9.57
Returns for this period to be Returns for this period to be filed
filed before applying for within 30 days of the order of
revocation of cancellation revocation of cancellation
Date from which
of cancellation
of registration
of cancellation
of registration
Date of order
Date of order
of revocation
returns not
furnished
Effective date of
cancellation of
registration
(2) Where the registration has been cancelled with retrospective
effect
Where the registration has been cancelled with retrospective effect,
it is not possible to furnish the returns before filing the application
for revocation of cancellation of registration. In that case, the
application for revocation of cancellation of registration is allowed
to be filed, subject to the condition that all returns relating to the
period from the effective date of cancellation of registration till the
date of order of revocation of cancellation of registration shall be
filed within a period of 30 days from the date of order of such
revocation of cancellation of registration.
Returns for this period to be filed within 30 days of the order of
revocation of cancellation
of cancellation
of registration
Date of order
of registration
which returns
not furnished
Date of order
of revocation
cancellation
Date from
of
Effective date of
cancellation of
registration
© The Institute of Chartered Accountants of India
9.58 GOODS AND SERVICES TAX
8.58
Points to be noted
UIN Holders (i.e. UN Bodies, Embassies and Other Notified Persons),
GST Practitioner cannot apply for revocation of cancelled registration. In
case the registration is cancelled on the request of the taxpayer or his
legal heir, one cannot apply for revocation of cancelled registration.
The revocation of cancellation of registration under the SGST Act/
UTGST Act, as the case may be, shall be deemed to be a revocation of
cancellation of registration under CGST Act
LET US RECAPITULATE
1. Nature of registration
The registration in GST is PAN based and State specific.
One registration per State/UT.
However, a business entity having separate places of business in a State may obtain
separate registration for each of its places of business .
GST identification number called “GSTIN” - a 15-digit number and a certificate of
registration incorporating therein this GSTIN is made available to the applicant on the
GSTN common portal.
Registration under GST is not tax specific, i.e. single registration for all the taxes i.e.
CGST, SGST/UTGST, IGST and cesses.
2. Persons liable to registration
•Threshold limit elaborated separately in the
Those who exceed threshold diagram below.
limit
In case of transfer of •transferee liable to be registered from the date of
business on account of succession of business
succession, etc.
•transferee liable to be registered from the date
In case of amalgamation/ on which Registrar of Companies issues
demerger by an order of incorporation certificate giving effect to order
High Court etc. of High Court etc.
© The Institute of Chartered Accountants of India
REGISTRATION 9.59
Inter
Taxable Exempt Aggregate
Exports State
Supplies supplies Turnover
supplies
Aggregate Turnover will be computed on All-India basis for same PAN
Applicable threshold limit
States with threshold limit of ` 10 •Manipur, Mizoram, Nagaland and Tripura
lakh for both goods and services
States with threshold limit of ` 20 •Arunachal Pradesh, Meghalaya, Sikkim,
lakh for both goods and services Uttarakhand, Puducherry and Telangana
States with threshold limit of ` 20
•Jammu and Kashmir, Assam, Himachal Pradesh, All
lakh for services and ` 40 lakh for
other States
goods (exclusive)
3. Compulsory registration in certain cases
Casual taxable person
who does not have a A person receiving
Persons making any
fixed place of business supplies on which tax is
inter-State taxable
in the State or Union payable by recipient on
supply
Territory from where he reverse charge basis
wants to make supply
Those ecommerce
Non-resident taxable
operators who are Persons who are
persons who do not
notified as liable for tax required to deduct tax
have a fixed place of
payment under section under section 51 (TDS)
business in India
9(5)
Suppliers other than
A person who supplies Every e-commerce
notified under section
on behalf of some other operator who is
9(5) who supply through
taxable person (i.e. an required to collect tax at
an e-commerce
Agent of some Principal) source
operator
Input Service
Every person supplying online
Distributor,
information and database access Person/ class of persons
whether or not
or retrieval services from a place notified by the Central/
separately
outside India to a person in India State Government
registered under
other than a registered person
this Act
© The Institute of Chartered Accountants of India
9.60 GOODS AND SERVICES TAX
8.60
4. Persons not liable for registration
Person engaged exclusively in Agriculturist limited
supplying goods/ services/ both to supply of produce
not liable to tax/ wholly exempt out of cultivation of
from tax land
Persons making
Persons making
Persons making only inter-State taxable
inter-State supplies
reverse charge supplies of notified
of taxable services up
supplies handicraft goods up
to ` 20 lakh**
to ` 20 lakh**
Casual Taxable Persons making Persons making supplies of services through
inter-State taxable supplies of an ECO (other than supplies specified under
notified handicraft goods up to section 9(5) of the CGST Act) with aggregate
` 20 lakh** turnover up to ` 20 lakh**
**` 10 lakh in case of Special Category States of Mizoram, Tripura, Manipur and
Nagaland
5. Where and by when to apply for registration?
Person who is liable to A casual taxable A person who makes a
be registered under person or a non- supply from the
section 22 or section resident taxable person territorial waters of
24 India
•in every such State/UT •in the coastal State/UT
•in every such State/UT in which he is so liable where the nearest
in which he is so liable point of the
•at least 5 days prior to
•within 30 days from appropriate base line
the commencement of
the date on which he is located.
business
becomes liable to •within 30 days from
registration the date on which he
becomes liable to
registration
© The Institute of Chartered Accountants of India
REGISTRATION 9.61
6. Voluntary Registration and UIN
Voluntary Registration Unique Identification Number (UIN)
In respect of supplies to some
Person not liable to be notified agencies of United
registered under sections Nations organisation,
22/24 may get himself multinational financial
registered voluntarily. institutions and other
organisations, a UIN is issued.
7. Effective date of registration
Application submitted within 30 Application submitted after 30 days
days of the applicant becoming of the applicant becoming liable to
liable to registration registration
Effective date is the date on
Effective date is date of grant
which he becomes liable to
of registration
registration
8. Deemed registration
Deemed registration
Grant of registration/UIN under any SGST Rejection of application for
Act/ UTGST Act is deemed to be registration/UIN under SGST Act/UTGST
registration/UIN granted under CGST Act Act is deemed to be rejection of
provided application for registration has application for registration under CGST
not been rejected under CGST Act. Act.
© The Institute of Chartered Accountants of India
9.62 GOODS AND SERVICES TAX
8.62
9. Procedure for registration
Part I
Every person liable to get registered and person seeking voluntary registration shall,
before applying for registration, declare his Permanent Account Number (PAN),
mobile number, e-mail address, State/UT in Part A of FORM GST REG-01 on GST
Common Portal.
PAN, mobile PAN validated online by Mobile number and email
number & e-mail Common Portal from verified through one time
address are CBDT database password sent to it.
validated.
Temporary Reference Number (TRN) is generated and communicated to the
applicant on the validated mobile number and e-mail address.
Using TRN, applicant shall electronically submit application in Part B of application
form, along with specified documents at the Common Portal.
On receipt of such application, an acknowledgement in the prescribed form shall be
issued to the applicant electronically. A Causal Taxable Person (CTP) applying for
registration gets a TRN for making an advance deposit of tax in his electronic cash
ledger and an acknowledgement is issued only after said deposit.
Application shall be forwarded to the Proper Officer.
The procedure after receipt of application by the Proper Officer is depicted in Part
II
© The Institute of Chartered Accountants of India
REGISTRATION 9.63
Part II
Proper Officer examines the application and
accompanying documents.
Proper Officer issues notice
electronically, within 3 working
If same are found in order? No days from application date
thereby seeking clarification**,
information or documents from
the applicant.
Yes
If applicant has furnished the clarification**, No
within 3 information or documents within 7 working
working days days from receipt of notice?
from the date
of submission Yes
of application
If proper officer is satisfied with No
it?
Yes
Proper officer will grant
registration certificate in within 7 working days from the
Form GST REG-06 date of receipt of information/
clarification/ documents
Proper officer will reject the
application for reasons to be
recorded in writing.
**Clarification includes modification/correction of particulars declared in the application for
registration, other than PAN, State, Mobile No. & E-mail address.
Deemed Approval of Application
If the proper officer fails to take any action -
• within 3 working days from the date of submission of application, or
• within 7 working days from the date of receipt of clarification, information or
documents furnished by the applicant,
the application for grant of registration shall be deemed to have been approved.
© The Institute of Chartered Accountants of India
9.64 GOODS AND SERVICES TAX
8.64
10. Special procedure for registration of CTD and NRTD
Casual Taxable Person Non-resident Taxable Person
A Casual taxable person is one
who has a registered business in
some State in India, but wants to A Non-Resident taxable
effect supplies from some other person is one who is a
State in which he is not having any foreigner and occasionally
fixed place of business. wants to effect taxable
supplies from any State in
Such person needs to register in India, and for that he needs
the State from where he seeks to GST registration.
supply as a Casual taxable person.
Casual Taxable Person Non-resident taxable person
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 5 days in advance before making any
supply.
Registration is granted to them or period of operation is extended only after
they make advance deposit of the estimated tax liability.
Registration is granted to them for the period specified in the registration
application or 90 days from the effective date of registration.
© The Institute of Chartered Accountants of India
REGISTRATION 9.65
11. Amendment of 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 core feilds of information, the taxable person will apply
for amendment within 15 days of the event necessitating the change. The
Proper Officer, then, will approve the amendment within the next 15 days.
For changes in non-core fields, 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.
12. Cancellation or suspension of registration and revocation of
cancellation of registration
Registration
can be --
--Business Registration
cancelled can be A registered person has
discontinued/ contravened the prescribed
either by cancelled
proper Transferred/ provisions
by the
officer or Amalgamated with
proper
on an other legal entity/ officer on A registered person has not
application Demerged or his own filed returns for continuous 6
of the Otherwise disposed of months (3 months for
registered composition supplier)
person Change in the
constitution of the Voluntarily registered person
business has not commenced the
business within 6 months
from the date of registration
Taxable person no
longer liable to be Registration was obtained by
registered means of fraud, wilful
misstatement or suppression
of facts
© The Institute of Chartered Accountants of India
9.66 GOODS AND SERVICES TAX
8.66
Once a registered person has applied for cancellation of registration or the proper officer
seeks to cancel his registration, proper officer may suspend his registration during
pendency of proceedings relating to cancellation of registration filed by such registered
person.
Procedure for cancellation
Where the registered person Where the proper officer cancels
applies for cancellation the registration
Registered person seeking cancellation shall PO shall issue a SCN to the registered
apply for the same within 30 days of person who has to reply to said notice
occurrence of the event warranting within 7 days.
cancellation, in prescribed form, furnishing
the details of inputs held in stock or inputs
contained in semi-finished/finished goods Proceedings shall be Cancellation
held in stock and of capital goods held in dropped order shall
stock on the date from which cancellation of be issued
registration is sought, liability thereon, within 30
payment, if any made & relevant documents. If reply Where instead of days of reply
to SCN replying to SCN, person to SCN
is furnishes all pending where
Proper officer (PO) shall issue the order satisfa returns & makes full registration
of cancellation within 30 days of ctory payment of tax along is liable to
submission of application for the same. with interest & late fee. be cancelled
Revocation of cancellation
In case where registration is cancelled suo-motu by the proper officer, the taxable person
can apply within 30 days of service of cancellation order, requesting the officer for revoking
the cancellation ordered by him.
However, before so applying, the person has to make good the defaults (by filing all
pending returns, making payment of all dues and so) for which the registration was
cancelled by the officer.
If satisfied, the proper officer will revoke the cancellation earlier ordered by him.
However, if the officer concludes to reject the request for revocation of cancellation, he will
first observe the principle of natural justice by way of issuing notice to the person and
hearing him on the issue.
© The Institute of Chartered Accountants of India
REGISTRATION 9.67
TEST YOUR KNOWLEDGE
1. Determine the effective date of registration in following cases:
(a) The aggregate turnover of Dhampur Footwear Industries of Delhi has
exceeded the applicable threshold limit of ` 40 lakh on 1st September. It
submits the application for registration on 20th September. Registration
certificate is granted to it on 25th September.
(b) Mehta Teleservices is an architect in Lucknow. Its aggregate turnover
exceeds ` 20 lakh on 25th October. It submits the application for
registration on 27th November. Registration certificate is granted to it
on 5th December.
2. In order to be eligible for grant of registration, a person must have a Permanent
Account Number issued under the Income- tax Act, 1961. State one exception to it.
3. State which of the following suppliers are liable to be registered:
(a) Agent supplying goods on behalf of some other taxable person and its
aggregate turnover does not exceed the applicable threshold limit
during the financial year.
(b) An agriculturist who is only engaged in supply of produce out of
cultivation of land and its aggregate turnover does not exceed the
applicable threshold limit during the financial year.
4. What are the advantage of taking registration in GST?
5. Can a person without GST registration collect GST and claim ITC?
6. If a person is making taxable supplies from different States, with the same PAN
number, can he operate with a single registration?
7. Can a person having places of business in a State obtain separate registrations
for each place of business?
8. Is there a provision for a person to get himself voluntarily registered though he
may not be liable to pay GST?
9. Can the Department, through the proper officer, suo-moto proceed to register a
person under GST?
10. Whether the registration granted to any person is permanent?
11. Is it necessary for the UN bodies to get registration under GST?
12. What is the responsibility of the taxable person making supplies to UN bodies?
© The Institute of Chartered Accountants of India
9.68 GOODS AND SERVICES TAX
8.68
13. What is the validity period of the registration certificate issued to a casual
taxable person and non- resident taxable person?
14. What happens when the registration is obtained by means of willful mis-
statement, fraud or suppression of facts?
15. Is there an option to take centralized registration for services under GST Law?
16. What could be the liabilities (in so far as registration is concerned) on transfer of
a business?
17. At the time of registration, will the assessee have to declare all his places of
business?
18. Does cancellation of registration impose any tax obligations on the person whose
registration is so cancelled?
ANSWERS/HINTS
1. (a) Every supplier becomes liable to registration if his turnover exceeds
the applicable threshold limit [` 40 lakh in this case] in a finacial year
[Section 22 read with Notification No. 10/2019 CT dated 07.03.2019].
Since in the given case, the turnover of Dhampur Industries exceeded
` 40 lakh on 1st September, it becomes liable to registration on said
date
Further, since the application for registration has been submitted
within 30 days from such date, the registration shall be effective from
the date on which the person becomes liable to registration [Section
25 read with rule 10 of the CGST Rules, 2017]. Therefore, the effective
date of registration is 1st September.
(b) Since in the given case, the turnover of Mehta Teleservices exceeds
the applicable threshold limit [` 20 lakh] on 25th October, it becomes
liable to registration on said date.
Further, since the application for registration has been submitted after
30 days from the date such person becomes liable to registration, the
registration shall be effective from the date of grant of registration.
Therefore, the effective date of registration is 5th December.
2. A Permanent Account Number is mandatory to be eligible for grant of
registration. One exception to this is a non-resident taxable person. A non-
resident taxable person may be granted registration on the basis of other
prescribed documents instead of PAN. He has to submit a self-attested copy
© The Institute of Chartered Accountants of India
REGISTRATION 9.69
of his valid passport along with the application signed by his authorized
signatory who is an Indian Resident having valid PAN and application will be
submitted in a different prescribed form [Section 25(6) & (7)].
3. (a) Section 22 stipulates that every supplier becomes liable to registration if
his turnover exceeds the applicable threshold limit in a financial year.
However, as per section 24, a person supplying goods/services or both on
behalf of other taxable persons whether as an agent or not is liable to be
compulsorily registered even if its aggregate turnover does not exceed
the applicable threshold limit during the financial year.
(b) As per section 23, an agriculturist who is only engaged in supply of
produce out of cultivation of land is not required to obtain
registration.
4. Registration will confer following advantages to the business:
• Legally recognized as supplier of goods or services.
• Proper accounting of taxes paid on the input goods or services which can
be utilized for payment of GST due on supply of goods or services or
both by the business.
• Legally authorized to collect tax from his purchasers and pass on the
credit of the taxes paid on the goods or services supplied to purchasers
or recipients.
• Become eligible to avail various other benefits and privileges rendered
under the GST laws.
5. No, a person without GST registration can neither collect GST from his
customers nor can claim any input tax credit of GST paid by him.
6. No. Every person who is liable to take a registration will have to get
registered separately for each of the States where he has a business
operation (and making taxable supplies) provided his aggregate turnover
exceeds applicable threshold limit.
7. Yes. In terms of the proviso to sub-section (2) of section 25, a person having
multiple places of buiness in a State may obtain a separate registration for
each place of business, subject to such conditions as may be prescribed.
8. Yes. In terms of sub-section (3) of section 25, a person, though not liable to
be registered under sections 22 or 24 may get himself registered voluntarily,
and all provisions of this Act, as are applicable to a registered taxable
person, shall apply to such person.
© The Institute of Chartered Accountants of India
9.70 GOODS AND SERVICES TAX
8.70
9. Yes. In terms of sub-section (8) of section 25, where a person who is liable
to be registered under GST law fails to obtain registration, the proper officer
may, without prejudice to any action which may be taken under CGST Act,
or under any other law for the time being in force, proceed to register such
person in the manner as is prescribed in the CGST Rules, 2017.
10. Yes, the registration certificate once granted is permanent unless
surrendered, cancelled, suspended or revoked.
11. Yes. In terms of section 25(9) of the CGST Act, all notified UN bodies,
Consulate or Embassy of foreign countries and any other class of persons so
notified would be required to obtain a unique identification number (UIN)
from the GST portal.
The structure of the said ID would be uniform across the States in
conformity with GSTIN structure and the same will be common for the
Centre and the States. This UIN will be needed for claiming refund of taxes
paid on notified supplies of goods and services received by them, and for
any other purpose as may be notified.
12. The taxable supplier making supplies to UN bodies is expected to mention
the UIN on the invoices and treat such supplies as supplies to another
registered person (B2B).
13. In terms of section 27(1) read with proviso thereto, the certificate of
registration issued to a “casual taxable person” or a “non-resident taxable
person” shall be valid for a period specified in the application for
registration or 90 days from the effective date of registration, whichever is
earlier. However, the proper officer, at the request of the said taxable
person, may extend the validity of the aforesaid period of 90 days by a
further period not exceeding 90 days.
14. In such cases, the registration may be cancelled with retrospective effect by
the proper officer [Section 29(2)(e)].
15. No, the tax paper has to take separate registration in every State from
where he makes taxable supply of services.
16. The transferee or the successor shall be liable to be registered with effect
from such transfer or succession and he will have to obtain a fresh
registration with effect from the date of such transfer or succession [Section
22(3)].
© The Institute of Chartered Accountants of India
REGISTRATION 9.71
17. Yes. The principal place of business and place of business have been
separately defined under section 2(89) & 2(85) of the CGST Act respectively.
The taxpayer will have to declare the principal place of business as well as
the details of additional places of business in the registration form.
18. Yes, as per section 29(5) of the CGST Act, every registered taxable person
whose registration is cancelled shall pay an amount, by way of debit in the
electronic cash ledger, equivalent to the credit of input tax in respect of
inputs held in stock and inputs contained in semi-finished or finished goods
held in stock or capital goods or plant and machinery on the day
immediately preceding the date of such cancellation or the output tax
payable on such goods, whichever is higher.
© The Institute of Chartered Accountants of India
9.72 GOODS AND SERVICES TAX
8.72
AMENDMENTS MADE VIDE THE FINANCE (NO. 2)
ACT, 2019
The Finance (No. 2) Act, 2019 has become effective from 01.08.2019. However, the
amendments made in the CGST Act and IGST Act vide the Finance (No .2) Act, 2019
would become effective only from a date to be notified by the Central Government in
the Official Gazette. Such a notification has not been issued till the time this Study
Material is being released for printing. Therefore, the applicability or otherwise of
such amendments for May 2020 and/or November 2020 examinations shall be
announced by the ICAI only after such notification is issued by the Central
Government.
In the table given below, the existing provisions 14 relating to registration are
compared with the provisions as amended by the Finance (No. 2) Act, 2019.
Once the announcement for applicability of such amendments for examination(s) is
made by the ICAI, students should read the provisions given hereunder in place of
the related provisions discussed in the Chapter.
Existing Provisions as amended by the Remarks
provisions Finance (No. 2) Act, 2019
Sub- Sub-section (1) of section 22-Second proviso is being
section Second proviso and explanation inserted to section 22(1)
(1) of inserted empowering Government
section 22 “Every supplier shall be liable …………… to enhance the threshold
“Every and limitations, as may be so limit for registration from
supplier notified.” ` 20 lakh to ` 40 lakh at
shall be Provided also that the Government the request of a State &
liable on the recommendations
may, at the request of a State and
…………… of the GST Council, in
on the recommendations of the
and case of a supplier who is
Council, enhance the aggregate
limitations, turnover from twenty lakh rupees engaged exclusively in the
as may be to such amount not exceeding forty supply of goods, subject
so to specified conditions.
lakh rupees in case of supplier who
notified.” is engaged exclusively in the supply Presently, the enhanced
of goods, subject to such conditions threshold limit has been
made effective for some
14
Provisions existing as on the date when the Study Material was released for printing
© The Institute of Chartered Accountants of India
REGISTRATION 9.73
and limitations, as may be [Link] by way of
Explanation––For the purposes of exemption Notification
this sub-section, a person shall be No. 10/2019 CT dated
considered to be engaged 07.03.2019.
exclusively in the supply of goods One major relaxation
even if he is engaged in exempt proposed to be extended
supply of services provided by way is that a person shall be
of extending deposits, loans or considered to be engaged
advances in so far as the exclusively in the supply
consideration is represented by way of goods even if he
of interest or discount. engaged in exempt
supply of services
provided by way of
extending deposits, loans
or advances in so far as
the consideration is
represented by way of
interest or discount.
Presently, this relaxation
is not available under
Notification No. 10/2019
CT.
New sub-sections (6A) o (6D) New sub-sections are
inserted in section 25 being inserted in
Sub-section (6A) section 25 of the CGST
Act to make Aadhaar
Every registered person shall undergo
authentication mandatory
authentication, or furnish proof of
for specified class of new
possession of Aadhaar number, in
taxpayers and to
such form and manner and within
prescribe the manner in
such time as may be prescribed.
which certain class of
Provided that if an Aadhaar number is
registered taxpayers are
not assigned to the registered person,
required to undergo
such person shall be offered alternate
Aadhaar authentication.
and viable means of identification in
such manner as Government may, on
the recommendations of the Council,
© The Institute of Chartered Accountants of India
9.74 GOODS AND SERVICES TAX
8.74
prescribe.
Provided further that in case of failure
to undergo authentication or furnish
proof of possession of Aadhaar
number or furnish alternate and viable
means of identification, registration
allotted to such person shall be
deemed to be invalid and the other
provisions of this Act shall apply as if
such person does not have a
registration.
Sub-section (6B)
On and from the date of notification,
every individual shall, in order to be
eligible for grant of registration,
undergo authentication, or furnish
proof of possession of Aadhaar
number, in such manner as the
Government may, on the
recommendations of the Council,
specify in the said notification.
Provided that if an Aadhaar number is
not assigned to an individual, such
individual shall be offered alternate
and viable means of identification in
such manner as the Government may,
on the recommendations of the
Council, specify in the said
notification.
Sub-section (6C)
On and from the date of notification,
every person, other than an individual,
shall, in order to be eligible for grant
of registration, undergo
authentication, or furnish proof of
possession of Aadhaar number of the
Karta, Managing Director, whole time
© The Institute of Chartered Accountants of India
REGISTRATION 9.75
Director, such number of partners,
Members of Managing Committee of
Association, Board of Trustees,
authorised representative, authorised
signatory and such other class of
persons, in such manner, as the
Government may, on the
recommendation of the Council,
specify in the said notification
Provided that where such person or
class of persons have not been
assigned the Aadhaar Number, such
person or class of persons shall be
offered alternate and viable means of
identification in such manner as the
Government may, on the
recommendations of the Council,
specify in the said notification.
Sub-section (6D)
The provisions of sub-section (6A) or
sub-section (6B) or sub-section (6C)
shall not apply to such person or class
of persons or any State or Union
territory or part thereof, as the
Government may, on the
recommendations of the Council,
specify by notification.
Explanation—For the purposes of this
section, the expression “Aadhaar
number” shall have the same meaning
as assigned to it in clause (a) of section
2 of the Aadhaar (Targeted Delivery of
Financial and Other Subsidies, Benefits
and Services) Act, 2016.
© The Institute of Chartered Accountants of India