Article on Transition Process of Registrations under VAT / Service Tax Laws to GST Law
By: – Anuj Bansal
Goods and Services Tax – GST
Dated:- 14-9-2016
As we are all aware that constitutional amendment for implementing GST Law has got nod in Rajya Sabha. Now we are looking forward to welcome GST Law to have brighter India with one law subsuming number of indirect tax laws like Entry Tax, Octroi, etc. The whole India is cherished and welcoming the GST Law by making different – different interpretations. But at the back of the mind, industry is worried about the applicability of law, transition process and compliances under GST Law. In this note I am discussing the first step to enter into the GST Law i.e. the registration process. The scope of the note is limited to transition provision of registration for the dealers who are presently registered in various states under VAT, Excise or Service Tax laws.
The Govt. has ensured that they will migrate the existing registrati
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Department.
However, in order to avoid business discontinuity or in other words, for smooth sailing of business present VAT registration would be converted to GSTIN (Registration Number under GST) and the circumstances where the VAT registration is not there with the tax payer, the existing Service Tax Number would be converted to GSTIN. However, initially a provisional registration will be issued and remaining information would be required to be filed within 6 months.
VAT Registrations will be converted to GSTIN
Process for migrating the VAT TIN numbers to GSTIN will be as follows:
* The dealers who are presently registered under VAT law and having TIN numbers, GSTIN will be generated after validating PAN from Income-tax Department.
* Such GSTIN will be sent by GSTN (GSTN is a company providing IT infrastructure) to respective state authorities.
* The state authorities will communicate GSTIN and password to the tax payers.
* Instructions will also be issued to the dealers
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Service Tax law but not under VAT laws, process for migrating the Service Tax Registration No. (STC) to GSTIN will be as follows:
* The department would be having email of the dealer. Department will advise the tax payers on email to intimate about the states where the assessee wants to get GSTIN.
* Once the details are received from the dealer about the states where dealer want to have GSTIN. Thereafter, the Service Tax portal will check with GSTN whether GSTIN is already generated or not generated by the dealer, in the states mentioned by the tax payers.
* In case GSTIN is not generated, GSTN will generate GSTIN for each of the state for that tax payer and will communicate to the tax payer and Service Tax Department.
* The tax payer will also be required to fill other data within six months and if the date is not filled in the specified time period, the GSTIN will be cancelled.
It is stated that the government is trying to make a smooth conversion from VAT regime to GST Reg
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