Goods and Services Tax – GST – By: – Ashish Mittal – Dated:- 14-1-2017 – Background: Every time a law comes into force the Assessee falling under its ambit has to get them registered in said law and comply with the relevant provisions. CBEC in association with empowered GST council has notified draft Model GST model Law (in short MGL ) as revised on 25th November 2016, rules and schedules issued in this regards wherein vide CHAPTER – VI, a set of five Sections (in short Sec. ) read with separate rules issued in this regards for compliance and a schedule defining person liable to be registered wide Schedule-V of the MGL for classifying the fate of certain classes of Assessee. Applicability The applicability of registration under MGL on various classes of Assessee along with turnover limit (in short T/o) can be explained in a summarized form in the following table (Reference to Sec. 23 read with Schedule-V have been made herein) S.No. Class of Assessee Liable for Registration as Per Sec
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
ys from appointed date 3 In case of Succession of Business-the successor of business need to get fresh registration. No Limit is Applicable as it is transfer of existing business Within 30 days of transfer or succession 4 In case of amalgamation or demerger-the resultant Assessee No Limit is Applicable as it is transfer of running business Within 30 days of issue of Certificate of Incorporation 5 Interstate supplier No T/o Limit Within 30 days of indulging in such activity under MGL. 6 Casual taxable person No T/o Limit At least five days prior to the commencement of business 7 Non-Resident Taxable person 8 Person liable under Reverse Charge Mechanism (in Short RCM ) No T/o Limit Within 30 days of indulging in such activity under MGL. 9 Deductor specified under Sec. 46 of MGL or Collector of Tax under Sec. 56 (irrespective of fact of separate registration) 10 Agent of a taxable person No T/o Limit Within 30 days of indulging in such activity under MGL. 11 Input Service Distributor Spec
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
than Non-Resident, Deductor under sec. 46 or collector under Sec. 56, fill Part A of FORM GST REG-01 particulars such as email, PAN, Mobile No. which would be verified. 2. After verification an application reference number shall be generated and communicate 3. Then fill Part B of FORM GST REG-01, signed and submit along with documents. 4. An acknowledgement shall be issued in FORM GST REG-02 (electronic on temporary basis) 5. Proper officer after verifying above shall approve within 3 working days form application. 6. If found deficient with regards to information or documents, then it shall be intimated in FORM GST REG-03 within 3 working days form application and reply should be given within 7 working days form intimation receipt in FORM GST REG-04. 7. The reply forwarded to concerned proper officer and he may Grant approval within 7 working days Reject along with reasons in FORM GST REG-05. Note: If no action taken by proper officer in 3 or 7 working days then automatic registration
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
: At the outset emphasis must be given to governments intention of keeping each and every communication with the department in electronic form thereby defining forms for each and every communication whether from Assessee or department s side thereby promoting the Hon ble PM view of digital India and paper less economy which would definitely be appreciated by the industry thereby reducing the manual work load and regular visiting to the department. Although huge efforts are being made by the government towards building a strong GSTN portal but it should effectively carters the need of various class of Assessee thereby enabling in Digitalization . Common Points and Penal Provisions related to Registration: Certain common & penal provisions for all the Assessee (Reference to Section 23 and 24 read with rule 4, 6,7,10, 15, 17 of Registration rule) 1. For Multiple Locations in a single state, different registration may be taken on fulfilling certain conditions i.e. as per Rule-4 of regi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
Display GSTIN and RC in prominent place in principal place of business. 8. All communication shall be done electronically on GST site by department and Assessee and communication shall be appropriately signed by authorized person. 9. Physical verification if required by proper officer may be conducted and documents shall be uploaded in Form GST REG-26. Amendment in registration Amendment in registration (Reference of Section 25 read with rule 9 of Registration rule has been made) 1. Any information change which was filled at time of registration shall be intimated within 15 days to the proper officer in FORM GST REG-11 along with documents as proof. 2. Changes relates to the Name, Principal Place of Business, and details of partners or directors, Karta, Managing Committee, Board of Trustees, Chief Executive Officer or equivalent then order to be passed within 15 days by proper officer on satisfaction in order under FORM GST REG-12. 3. for others as soon as application is filled on por
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =
n case of composition scheme person and 6 month for others person taken voluntary registration don t start business within 6 month 3. Registration obtained by fraud, willful misstatement or suppression of facts, can be cancelled with retrospective effect. 4. Cancellation after giving Opportunity of being heard (in short OBH ), by issuing SCN under FORM GST REG-15, Assessee still liable for old dues. 5. In case of cancellation ITC/CENVAT of inputs capital goods shall be reversed in prescribed manner. 6. Application may be made in FORM GST REG-14 for cancellation along with relevant documents on being satisfied proper officer shall issue cancellation order under FORM GST REG-16 within 30 days. (Apply mutatis mundis to legal heir) 7. On cancellation by proper officer an application in FORM GST REG-17 within 30 days of service shall be filled (except in case of non-filling of return in such case application can be filled after return is filled and dues paid thereof). 8. After being satisfi
= = = = = = = =
Plain text (Extract) only
For full text:-Visit the Source
= = = = = = = =