Goods and Services Tax – GST – By: – Puneet Agrawal (Athena Law Associates) – Dated:- 25-10-2016 Last Replied Date:- 27-10-2016 – Compulsory Registration 1. Schedule III of the CGST Act/ SGST Act list out the person who are compulsorily required to get themselves registered. In the following paras we are analyzing the said list. 2. Every supplier is liable to be registered in the state from where he makes a taxable supply of goods and/or services if his aggregate turnover in a financial year exceeds ₹ 20 lakh (Rs 10 Lakh in case of business in North East India). 3. Aggregate turnover means the aggregate value of all : · taxable supplies, non-taxable supplies, exempt supplies and exports of goods and/or services · of a person having the same PAN, to be computed on all India basis and excludes taxes, if any, charged under the CGST Act, SGST Act and the IGST Act. · Aggregate turnover does not include the value of supplies on which tax is levied on reverse charg
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istration. Not liable to tax means that the supplies are outside the levy itself. This phrase will not cover the supplies, which are otherwise taxable but declared as exempt by way of schedule or exemption notification issued under Section 10 of SGST Act/ CGST Act. 7. Every person who, on the day immediately preceding appointed day, is registered or holds a license under an earlier law, then he is liable to obtain registration with effect from appointed date. In the draft Act, definition of earlier law is left blank. 8. Where a business carried on by a taxable person registered under this Act is transferred, to another person as a going concern Transferee/Successor is be liable to be registered with effect from the date of such transfer. 9. Following persons are liable obtain registration irrespective of the threshold limit specified above: – persons making any inter-State taxable supply; – casual taxable persons ( casual taxable person means a person who occasionally undertakes transa
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e such as Ola, Airbnb; – persons who are required to deduct tax under Section 37; – input service distributor ( ISD ) 10. Once a person is registered, he is required to undertake various compliances such as filing of returns and statements, maintaining of records, etc. as prescribed in the Act. – Reply By Sanjeev Singhal – The Reply = Person who has taxable turnover in two states under same PAN . Is he required to take registration in both the states and he has to file the return , maintain books in both the states. Can he maintain the books on centralized basis and file common return. – Reply By Puneet Agrawal (Athena Law Associates) – The Reply = A supplier of taxable goods/ services is required to obtain registration in the states from which taxable supplies are made. The registrations are PAN based. In case there are two states from where taxable supply is made, registration shall be required at both the places. Similarly, filing of return, maintaining of books, etc. shall also be
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