Registration under GST Law
By: – Sandeep Garg
Goods and Services Tax – GST
Dated:- 22-9-2016
Introduction
The general meaning of registration is a method of officially recording something. Usually something is registered to claim more rights, or to protect ownership, or because the law says it must be registered to be used legally.
Presently, to do business in India there are a list of registration under Direct & Indirect Taxation law. Indirect taxation majorly covers the Customs, Central Excise, Service Tax, VAT/CST, Professional Tax, Entry Tax, Entertainment Tax, Luxury Tax, Octroi and other local taxes as applicable time to time. VAT, Professional Tax, Entry Tax, Entertainment Tax, Luxury Tax, Octroi and other local taxes are governed by the State Government and Customs, Central Excise, Service Tax and Central Sales Tax are governed by the Central Government.
The Central Government and State Government adjoined their hands to bring GST for doing business in a simp
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m the date on which he becomes liable to registration. [S.19]
In case of a person, other than an Input Service Distributor, is registered under earlier law, it shall not be necessary for him to apply for fresh registration under the S. 19 and he shall follow the procedure as may be prescribed in this behalf.
Threshold Limit under GST law
Under GST model, it is proposed that every supplier shall be liable to be registered under this Act in the State from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds ₹ 9 lakh. However, this limit is ₹ 4 lakh for the persons conducting business in North East states including Sikkim.
It is also proposed in the GST model that in case the aggregate turnover consists of only goods and/or services which are not liable to tax under this Act, that supplier shall not be liable to registration.
The following categories of persons shall be required to be registered under this Act, irr
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ds, 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 43A, and the value of such goods shall not be included in the aggregate turnover of the registered job worker.
Threshold Limit under Central Excise, Service Tax and respective State Laws
Service Tax: Any provider of taxable service whose aggregate value of taxable service in a financial year exceeds nine lakh rupees shall make an application for registration within a period of thirty days of exceeding the aggregate value of taxable service of nine lakh rupees.
Central Excise: The exemption is provided in terms of payment of excise duty as SSI. The exemption is available for first clearances up to an aggregate value not exceeding one hundred and fifty lakh rupees made.
VAT: Following table shows the general threshold limit under respective VAT laws:
Region
State
Turnover
WCT
North
Delhi
₹ 20 lakh in the current year
Total contra
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10 lakh
Total Turnover exceeds ₹ 10 lakh
West
Goa
Turnover exceeds ₹ 5 lakh
Total Turnover exceeds ₹ 5 lakh
Central
MP
Turnover exceeds ₹ 5 lakh
Turnover exceeds ₹ 5 lakh
Central
Bihar
Turnover exceeds ₹ 5 lakh
Every contractor executing has to get registration irrespective of the turnover.
Central
Chhattisgarh
Turnover exceeds ₹ 10 lakh
If taxable turnover of the dealer equals or exceeds the limit prescribed.
Central
Jharkhand
Turnover exceeds ₹ 5 lakh
Dealer involved in Works Contract and leasing with a turnover exceeding ₹ 25,000.
Central
Orissa
Turnover exceeds ₹ 5 lakh
₹ 50,000
South
AP
Turnover exceeds ₹ 50 lakh for twelve consecutive month
Executing works contract of the value exceeding ₹ 7.5 lakh for Government or local authority or opted for composition
South
Karnataka
Taxable turnover is likely to exceed ₹ 7.5 lakh at any time during the year
Taxable turnover
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runachal Pradesh
Turnover exceeds ₹ 5 lakh
Total contract amount received exceeds ₹ 5 lakh
East
Manipur
Gross turnover of sale or purchase exceeds ₹ 5 lakh
Total contract amount received exceeds ₹ 50,000
East
Meghalaya
Gross taxable turnover exceeds ₹ 1 lakh
Total contract amount received exceeds ₹ 1 lakh
East
Mizoram
Gross taxable turnover exceeds ₹ 3 lakh
Total contract amount received exceeds ₹ 3 lakh
East
Tripura
Gross taxable turnover exceeds ₹ 3 lakh during any period of 12 consecutive months
Nil
East
Nagaland
Gross taxable turnover exceeds ₹ 3 lakh
Total contract amount received exceeds ₹ 3 lakh
Registration under GST
* Every person shall have a Permanent Account Number issued under the Income Tax Act, 1961 (43 of 1961) in order to be eligible for grant of registration. [S. 19(4)]
* A non-resident taxable person may be granted registration under sub-section (1) on the basis of any other
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l, by notification, specify the category of persons who may be exempted from obtaining registration under this Act. [S. 19(12)]
* A person having multiple business verticals in a State may obtain a separate registration for each business vertical, subject to such conditions as may be prescribed.
* A person may get himself registered voluntarily.
* Following person shall require to obtain a Unique Identification Number for the purpose as notified including refund of taxes on the notified supplies of goods and/or services received by them:
* any specialized agency of the United Nations Organization;
* any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947);
* Consulate or Embassy of foreign countries; and
* any other person or class of persons as may be notified by the Board / Commissioner.
Special Provision for casual taxable person and non-resident taxable person
* The certificate of r
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formation submitted at the time of registration or subsequently shall be intimated to the proper officer in the manner and within such period as may be prescribed. [S. 20(1)]
* The proper officer shall not reject the request for amendment in the registration particulars without giving a notice to show cause and without giving the person a reasonable opportunity of being heard. [S. 20(3)]
* Any rejection or, as the case may be, approval of amendments under the CGST Act/SGST Act shall be deemed to be a rejection or approval of amendments under the SGST Act/CGST Act. [S. 20(4)]
Cancellation of Registration
* The registration certificate shall be cancelled either on his own motion by the proper officer or on an application filed by the registered taxable person or by his legal heirs (in case of death of such person), as the case may be, under the following circumstances:
* Discontinuance/merger/demerger/amalgamation of business or otherwise disposed of.
* Change in constitution
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and other dues are determined before or after the date of cancellation.
* Every registered person shall pay tax equivalent to input tax on the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock on the day immediately preceding the date of such cancellation or the output tax payable on such goods, whichever is higher.
* In case of capital goods, the taxable person shall pay an amount equal to the input tax credit taken on the said capital goods reduced by the percentage points as may be prescribed in this behalf or the tax on the transaction value of such capital goods, whichever is higher.
Revocation of cancellation of registration
* Every registered person whose registration has been cancelled by the proper officer suo motu, may apply for revocation of registration within 30 days from the date of cancellation order.
* The proper officer may either revoke the cancellation of the registration or reject th
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