GST Registration

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GST Registration:

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Consultation and eligibility check, Document preparation, Registration Services, Application submission, Liaison with authorities, Temporary registration.

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GST REGISTRATION

A. GST Overview:

GST is a comprehensive, multi-stage, destination-based tax levied on every value addition. It is implemented to replace multiple indirect taxes that were previously levied by the Central and State governments, such as VAT, excise duty, service tax, etc.

B. Governing Law

GST is governed by the following laws:

  1. Central Goods and Services Tax Act, 2017 (CGST Act)
  2. State Goods and Services Tax Act, 2017 (SGST Act)
  3. Union Territory Goods and Services Tax Act, 2017 (UTGST Act)
  4. Integrated Goods and Services Tax Act, 2017 (IGST Act)
  5. Goods and Services Tax (Compensation to States) Act, 2017

C. Mandatory Registration Requirements

Registration under GST is mandatory for:

  1. Aggregate Turnover:
  • Any business enterprise engage activity of trading of goods with an aggregate annual turnover exceeding Rs. 40 lakhs. For special category states under GST, the threshold is Rs. 20 lakhs. 
  • For services, those with an aggregate annual turnover surpassing Rs. 20 lakhs. For special category states, this limit is Rs. 10 lakhs.
  1. Interstate Supply:
  • Any person making an inter-state supply of goods or services must register under GST irrespective of the turnover.
  1. Casual Taxable Person:
  • Persons who occasionally supply goods or services in a territory where GST applies but do not have a fixed place of business must register irrespective of turnover.
  1. Agents:
  • Agents supplying goods or services on behalf of other registered taxable persons.
  1. E-commerce Operators:
  • Persons who supply goods or services, other than branded services, through e-commerce operators.
  1. Reverse Charge:
  • Persons who are required to pay tax under the reverse charge mechanism.
  1. Input Service Distributor:
  • Input service distributors must register under GST to distribute input tax credit to branches.
  1. Non-resident Taxable Persons:
  • Non-resident taxable persons who make taxable supply must register irrespective of turnover.

D. Benefits of GST Registration

  1. Legitimacy:
  • Legal recognition as a supplier of goods or services.
  1. Input Tax Credit:
  • Eligibility to avail input tax credit on purchases.
  1. Ease of Doing Business:
  • Simplified and automated process of GST return filing and payment.
  1. Interstate Trade:
  • Enables interstate trade without restrictions.
  1. E-commerce Participation:
  • Eligibility to sell goods or services through e-commerce platforms.
  1. Competitive Advantage:
  • Registered businesses often gain more trust and can deal with other registered vendors and large businesses more easily.

E. Penalty for Non-registration

  1. Tax Evasion:
  • If a person fails to register and evades tax, the penalty will be 100% of the tax amount due or ₹10,000, whichever is higher.
  1. Failure to Obtain Registration:
  • If a person fails to obtain registration, a penalty of ₹10,000 or 10% of the tax due, whichever is higher.

F. Filing Requirements

  1. GSTR-1:
  • Monthly return for outward supplies of taxable goods and/or services (due on the 11th of the next month).
  1. GSTR-3B:
  • Monthly summary return of inward and outward supplies (due on the 20th of the next month).
  1. GSTR-4:
  • Quarterly return for composition scheme taxpayers (due on the 18th of the month succeeding the quarter).
  1. GSTR-5:
  • Monthly return for non-resident foreign taxable person (due by the 20th of the following month).
  1. GSTR-6:
  • Monthly return for input service distributor (due on the 13th of the next month).
  1. GSTR-7:
  • Monthly return for authorities deducting tax at source (TDS) (due on the 10th of the next month).
  1. GSTR-8:
  • Monthly return for e-commerce operators (due on the 10th of the next month).
  1. GSTR-9:
  • Annual return for regular taxpayers (due by 31st December of the next financial year).
  1. GSTR-10:
  • Final return upon cancellation of GST registration (to be filed within 3 months of the date of cancellation).
  1. GSTR-11:
  • Monthly return for taxpayers with a Unique Identity Number (UIN) to get a refund under GST (due on the 28th of the month following the month in which the statement is filed).

G. Penalties for Not Obtaining GST Registration

  1. General Penalty:
  • A person who fails to register under GST despite being liable to do so can be fined up to 10% of the tax amount due, subject to a minimum of ₹10,000.
  • If the tax evaded exceeds ₹1 crore, it can lead to imprisonment.
  1. Specific Penalty:
  • If the person intentionally avoids registration to evade tax, the penalty will be 100% of the tax amount due or ₹10,000, whichever is higher.

Example Scenarios

  • Non-Intentional Evasion:
  • Suppose the tax amount due is ₹1,00,000. The penalty would be 10% of ₹1,00,000, which is ₹10,000.
  • Intentional Evasion:
  • If the same person intentionally avoided registration to evade tax, the penalty would be 100% of ₹1,00,000, which is ₹1,00,000.

Imprisonment

  • In cases of severe tax evasion where the amount exceeds ₹1 crore, the GST law provides for imprisonment. The imprisonment period can range from 1 year to 5 years depending on the amount of tax evasion.

Summary

Failing to obtain GST registration when required can result in significant financial penalties and, in cases of substantial tax evasion, potential imprisonment. It’s crucial for businesses to comply with GST registration requirements to avoid these severe penalties.

Related Guides

H. Documents required for GST Registration

 General Documents Required for All Applicants

  1. PAN Card of the Business or Applicant
  2. Aadhaar Card of the Applicant
  3. Photograph of the Applicant (Proprietor, Partner, Director)
  4. Proof of Business Registration or Incorporation Certificate
  5. Address Proof of Principal Place of Business:
    • Own premises: Copy of Electricity Bill / Property Tax Receipt / Municipal Khata Copy
    • Rented premises: Rent Agreement and NOC (No Objection Certificate) from the owner
  1. Bank Account Proof:
    • First page of passbook / Bank statement / Cancelled cheque
  1. Authorization Form (if applicable):
    • For authorized signatories, a letter of authorization or copy of the board resolution

Specific Documents Based on the Type of Business

Sole Proprietorship
  1. PAN Card of the Proprietor
  2. Aadhaar Card of the Proprietor
  3. Photograph of the Proprietor
  4. Address Proof of Business (as mentioned above)
  5. Bank Account Details (as mentioned above)
Partnership Firm
  1. PAN Card of the Partnership Firm
  2. Partnership Deed
  3. PAN Card and Aadhaar Card of all Partners
  4. Photograph of all Partners
  5. Address Proof of Business (as mentioned above)
  6. Bank Account Details (as mentioned above)
  7. Authorization letter signed by all partners for authorized signatory
Limited Liability Partnership (LLP)
  1. PAN Card of the LLP
  2. LLP Agreement
  3. PAN Card and Aadhaar Card of Designated Partners
  4. Photograph of Designated Partners
  5. Address Proof of Business (as mentioned above)
  6. Bank Account Details (as mentioned above)
  7. Authorization letter signed by Designated Partners for authorized signatory
Private Limited Company / Public Limited Company / One Person Company
  1. PAN Card of the Company
  2. Certificate of Incorporation from MCA
  3. Memorandum of Association (MOA) / Articles of Association (AOA)
  4. PAN Card and Aadhaar Card of Directors
  5. Photograph of Directors
  6. Address Proof of Business (as mentioned above)
  7. Bank Account Details (as mentioned above)
  8. Board resolution appointing authorized signatory / Letter of Authorization
Hindu Undivided Family (HUF)
  1. PAN Card of HUF
  2. PAN Card and Aadhaar Card of Karta
  3. Photograph of Karta
  4. Address Proof of Business (as mentioned above)
  5. Bank Account Details (as mentioned above)
Society / Club / Trust / AOP
  1. PAN Card of Society / Club / Trust / AOP
  2. Certificate of Registration
  3. PAN Card and Aadhaar Card of Trustees / Members of Managing Committee
  4. Photograph of Trustees / Members of Managing Committee
  5. Address Proof of Business (as mentioned above)
  6. Bank Account Details (as mentioned above)
  7. Authorization letter signed by all members for authorized signatory

Additional Documents (if applicable)

  • Digital Signature Certificate (DSC): Required for companies and LLPs. Not mandatory for proprietorships and partnerships.
  • Proof of Appointment of Authorized Signatory: Resolution of the board of directors / managing committee and acceptance letter.

Important Points to Remember

  • Ensure all documents are self-attested.
  • Keep both soft copies and hard copies of all documents.
  • The size of each document should be within the limit prescribed by the GST portal (typically 1 MB per document).
Note: Documents should be legible and clear.

I. General FAQs on GST

GST in India is divided into three categories:

– CGST: Central Goods and Services Tax

– SGST: State Goods and Services Tax

– IGST: Integrated Goods and Services Tax 

CGST and SGST are levied on intra-state transactions, while IGST is levied on inter-state transactions.

Input Tax Credit is the credit a taxpayer can claim for the GST paid on purchases of goods or services used in the course of business. It can be used to reduce the tax liability on output supplies.

Failure to file GST returns can lead to penalties, interest on outstanding tax liability, and suspension or cancellation of GST registration.

GST registration can be done online through the GST portal (www.gst.gov.in) or contact us at infozfiling@gmail.com . The application requires submission of various documents such as PAN, Aadhaar, proof of business address, and bank account details.

Yes, you can amend your GST registration details online on the GST portal. Certain changes require approval from the GST officer, while others can be auto-approved.

The GST composition scheme is for small businesses with turnover up to ₹1.5 crore. It allows them to pay a fixed percentage of their turnover as tax and file quarterly returns instead of monthly returns. However, they cannot claim input tax credit.

Under the reverse charge mechanism, the recipient of goods or services is liable to pay GST instead of the supplier. This typically applies to certain notified goods/services and transactions with unregistered suppliers.

An e-way bill is an electronic document required for the movement of goods worth more than ₹50,000 within or across states. It contains details of the goods, the consignor, the consignee, and the transporter.

GST is calculated by applying the applicable GST rate to the transaction value of the goods or services supplied. The GST rates can vary from 0% to 28%, depending on the type of goods or services.

Certain goods and services are exempt from GST. These include basic food items, healthcare services, and educational services. Additionally, businesses with turnover below the threshold limit are also exempt from GST registration.

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