Registration , Amendment and Cancellation under Revised GST Law
By: – Sanjeev Singhal
Goods and Services Tax – GST
Dated:- 20-12-2016
It is important to understand provision of GST law that when the registration is required like at what value of turnover , kind of person covered for registration, what are the situation where registration is required without the threshold limit means after the occurring of particular transaction or transaction by particular person. How the amendment in the registration could be effected and cancellation of the same.
For applying of limit of ₹ 20 lacs or 10 lacs as per Schedule -V , one need to understand the definition of “Aggregate Turnover” provided in Section -2[6] of Revised MGL.
“Aggregate Turnover” means aggregate value of all taxable supplies, exempt supplies, export of goods and or services and interstate supplies of a person having the same PAN , to be computed on all India basis and exclude taxes , if any, charged under
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Person having multiple business vertical in the State, may apply for each vertical but not necessary.
Person who does not fall under Schedule -V , may apply for registration voluntarily.
Person having Permanent Account Number in Income Tax Act,1961 shall be eligible for registration as aforesaid. Person who is required to deduct tax u/s 46 will required to have TAN for the registration.
Non resident taxable person can take registration under the law on the basis of other documents as may be prescribed.
Any specialized agency like United Nation Organization and Multilateral Financial Institution, Organization notified under the United Nations ( Privilege and Immunity ) Act ,1947, Consulate or embassy of Foreign countries or any other person or class of person as notified shall obtain Unique Identification Number instead of regular number as may be prescribed including refund of taxes for the good and services received by them.
Certificate of registration shall be issued in p
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
er Sec. 8[4].
* Every person supplying online information and database excess or retrieval services from place outside India to person in India.
Special provision for Casual Taxable Person and Non Resident Taxable Person [ Sec. 24]
* Certificate issue to above both category shall be valid for days mentioned in the application or 90 days from the effective date of registration. which ever is earlier. But on request this period may be further extended for 90 days.
* Such taxable person at the time of seeking registration u/s 23 , make advance deposit of tax equivalent to the estimated liability of such person for the period of registration or extended registration.
* Amount deposited in 2 above shall be credited to his electronic cash ledger and shall be utilized in the manner specified in Section- 44.
Amendment of Registration [ Sec.25]
* Every RTP shall inform the proper officer of any changes for information furnished at the time of registration or later on within the pre
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
us period of six months.
* person taken voluntary registration and has not commenced business in six months from the date of registration.
Where registration is obtained by means of fraud, willful misstatement or suppression of fact, the PO may cancel the registration with retrospective effect subject to the provision of Section 37.
The liability to pay tax of RTP in situation of such cancellation shall not be effected
Every RTP whose registration is cancelled, pay liability by way of debit in electronic cash ledger, equivalent to the credit of input tax in respect of input held in stock of raw material, semi finished or finished goods on the day immediately proceeding to such cancellation or the output tax payable which ever is higher , as may be prescribed.
In case of capital goods, taxable person shall pay an amount equal to the input taken on such goods reduced by the percentage point as prescribed or the tax transaction value of such goods which ever is higher.
Revocatio
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
N
The above shall be taken on all India basis. Aggregate turnover does not include value of supplies under reverse charge basis and value of inward supplies.
Q-3 if person is doing business in different States, with same PAN, weather he can operate with single registration like centralized registration.
Ans; No , there is no concept of centralized registration in GST. In each State where the business is operating , person has to take registration in each State as per Sec.23[1].
Q-4 Weather the registration granted to one person is permanent?
Ans; yes, unless surrendered or cancelled.
Q-5 What is responsibility of taxable person while supplying to UN bodies?
Ans; Taxable person shall write UIN on invoice and supply as registered taxable person.[ B2B] and the invoice will be uploaded by supplier.
Q-6 Is it necessary for Govt. organization to get registration?
Ans; UIN will be given by each State to Govt. Organization / PSU. Not making any outward supply of GST goods but making
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
re job worker is registered or the principal declare the place of business of the job worker as his additional place of business.
Q-12 is there any system to facilitate small dealer having no IT infrastructure.
Ans; yes . Tax Return Preparer [TRP] and Facilitation Centre [FC]
Q-13 Can the registration certificate be downloaded from the GST portal?
Ans; in case registration is granted , it can be downloaded from GST portal.
Disclaimer :
The contents of this article are solely for information and knowledge and does not constitute any professional advice or recommendation. Author does not accept any liability for any loss or damage of any kind arising out of this information set out in the article and any action taken based thereon.
About the Author:
Author is practicing chartered accountant in Gurgaon and having specialisation in Service Tax and Haryana VAT. He can be reached at sanjeev.singhal@skaca.in
Scholarly articles for knowledge sharing by authors, experts, profession
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =