Registration as deductor separately
Query (Issue) Started By: – LAKSHMINARAYANAN TR Dated:- 14-3-2018 Last Reply Date:- 16-3-2018 Goods and Services Tax – GST
Got 14 Replies
GST
Dear All
\nRequest your thoughts for one our client who is a Public Sector understaking has GSTIN as Taxpayer already, u\/2 52 should they registere again as deductor on top of their GSTIN. Can they use existing GSTIN for both purposes i.e. filing GSTR 7 and 1,2,3? Kindly clairfy.
\nHave a Nice day
\nReply By KASTURI SETHI:
\nThe Reply:
\nSeparate registration for TCS is not required. Normal GST registration will serve the purpose.An PSU is not fully Govt.
\nReply By Alkesh Jani:
\nThe Reply:
\nSir, The business vertical as defined under Section 2(18) of the CGST, 2017 is reproduced below:-
\n(18) “business vertical” means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that <\/p>\n
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\nReply By Alkesh Jani:
\nThe Reply:
\nSir, in my point of view you need to go for separate registration as you will not be able to file GSTR-1 and GSTR-7 with same GSTIN.
\nReply By KASTURI SETHI:
\nThe Reply:
\nIs deduction of TCS and TDS under GST Acts a "supply" of Service or Goods ? If not, why separate registrationm necessary ? ITC is to be taken by deductee and not deductor.
\nReply By LAKSHMINARAYANAN TR:
\nThe Reply:
\nDear Sir
\nPlease refer clause vi and iX under section 24 of CGST Act, where registration as deductor or collector is mandatory in nature. I have the same doubt as Alkesh Jani pointed out that we can't submit both GSTR 1 and GSTR 7 using the same GSTIN. Even though, filing of GSTR 7 suspended for now, I don't think the same is going to be made available on the normal taxpayer's return dashboard. For this purpose separate registration is require on top of dire<\/p>\n
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\nReply By KASTURI SETHI:
\nThe Reply:
\nYes Sir I am fully satisfied.
\nReply By KASTURI SETHI:
\nThe Reply:
\nDear Querist,
\n Every taxation law is framed to protect revenue. There is no rhyme or reason to frame law for separate registration in respect of deductor of TCS and TDS under GST. Govt.has deferred implementation of TCS and TDS till 30.6.18. There is solid reason behind this. Govt. realizes that it would cause undue harassment to the assessees. Meanwhile, you have golden opportunity to make representation to GST Council for omission of such mandatory provisions in GST laws. De facto, there is no necessity for framing such provisions as revenue can be protected with the already GSTIN of the deductor. As you are well aware GST Acts have been implemented by Govt. in hurry. That is why so many changes\/amendments have been made.
\n So make a representation to the Chairperson, GST Council through your Association of Trade. If you quit now, grievances will not be redressed. <\/p>\n
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