About GST Registration
Introducing Goods and Services Tax (GST) has been a big tax reform in India. And so much time has passed since its introduction that questions like “what is GST Registration” do not sound right. So here is a brief introduction
- GST is the only tax that one has to get his/her business registered under.
- If your business is not GST registered, heavy fines and penalties can be levied.
- GST Registration allows you to collect GST from your customers.
- So avoid going against the law, get your business registered for GST.
Types of GST
India has a Dual GST Model. Under this tax maybe levied simultaneously by both Central and State governments on certain taxable supplies. Such as on inter-state supplies, tax is levied by Central Government.
Features | Central GST – CGST | State GST – SGST | Integrated GST – IGST |
---|---|---|---|
Tax Levied By | Central Government on Intra-State supplies of Goods and/or Services | State Government, on Intra-State supplies | Central Government, on Inter-State supplies |
Applicability | Supplies inside a state | Supplies inside a state | Interstate supplies and import |
Input Tax Credit | Against CGST and IGST | Against SGST and IGST | Against CGST, SGST, and IGST |
Tax Revenue Sharing | Central Government | State Government | Shared between State and Central governments |
Free Supplies | Applicable | Applicable | Applicable |
Who Must Get GST Registration
All businesses involved in buying or selling goods or providing services, or both, should register for GST. But for below-listed persons, GST Registration is compulsory.
The Special Category States under GST Act are:
(a) Arunachal Pradesh, (b) Assam, (c) Sikkim, (d) Meghalaya, (e) Tripura, (f) Mizoram, (g) Manipur, (h) Nagaland, and (i) Himachal Pradesh. These states can opt for tax payable at a concessional rate.
GST Registration Process on Government Portal
To register for GST on the Government site, you need to follow the below steps. Cautiously & Accurately.
Procedure of GST Registration through LegalRaasta
What’s included in our package?
Documents Required
For Sole Proprietorship / Individual
For Partnership deed/LLP Agreement
For Private limited/Public limited/One person company
For HUF
For Society or Trust or Club
Penalties of Non-Compliance
All GST Returns must be filed by the 20th of the following month. There are strict laws under the GST Act for non-compliance with the Rules & Regulations.
Penalty for Not Getting GST Registration, when a business is coming under the purview. The penalty is 100% of the tax amount if the offender has not filed for GST registration and intends to purposefully avoid it. The amount is the tax as applicable. Or Rs. 10,000, whichever is higher.
A penalty of 100% tax due or Rs. 10,000, whichever is higher, is also applicable to those who choose Composition Scheme despite not being eligible to it.
Any offender not paying his due tax or making short payments (genuine errors) is liable to pay a penalty of 10% of the tax amount. This amount cannot be less than Rs 10,000.
A person guilty of not providing the GST invoice is liable to be charged 100% tax due or Rs. 10,000. Whichever is higher.
An offender will be charged a fine of Rs. 25,000 for incorrect invoicing.
If a person has not filed for unpaid tax, there is a penalty of Rs. 50 per day. Rs. 20 per day if he was to file for NIL returns. And the maximum amount must not exceed Rs. 5,000.
There is also a provision of the penalty by a jail term for tax offenders to commit fraud.
Benefits of GST Registration
What is a Voluntary GST Registration?
A person who is not liable, still files for GST application, can get registered. However, then, it becomes essential for him to file Returns, after getting a GST number. Else, he will have to pay a penalty, as applicable.
You can choose to register for GST voluntarily too.
Especially if you are wishing to claim Input Tax Credit. Even if you are not liable to be registered, you can be registered voluntarily. After registration, you will also have to comply with regulations as applicable to those required to be registered.
Benefits of registering voluntarily under GST
- Take Input Tax Credit,
- Operate interstate without restrictions,
- Have the option to register on e-commerce websites,
- Have a competitive advantage compared to other rival businesses,
- Fewer hassles and better compliance with government licensing agencies,
- Focus on Your Business Growth.
Input Tax Credit or ITC
Inputs are all those goods that went into creating the finished products provided to the final consumer. Businesses are charged GST on goods/services that are used as inputs. The ITC mechanism allows GST registered businesses to receive refunds on the GST paid for purchasing all inputs. This helps prevent the cascading taxation effect, which was the primary reason behind the introduction of the GST.
For instance: GST payable on the supply of the final product of a manufacturer is Rs. 850 and the GST paid on inputs is Rs. 725. The manufacturer can claim the Rs. 725 as ITC. This brings the net tax payable at the time of supply to Rs. 125 only (Rs. 850 – Rs. 725).
Under the previous indirect tax regime of levy of Service Tax, VAT, and Excise – a lot of input tax credit was not properly utilized.
Who are eligible to claim Input Tax Credit?
ITC is available only to those entities who have registered under the GST Act. Only GST registered businesses can claim ITC on the tax paid for the purchase of any business relevant inputs.
Who cannot claim ITC?
Input Tax Credit can be claimed only for business purposes. It is not available for goods or services exclusively used for:
- Personal use,
- Exempt supplies,
- Supplies for which ITC is specifically not available.
Apart from the above, there are some other cases where ITC will be reversed. Such as Credit Note issued to ISD, Non-payment of invoices within 180 days, assets bought partly or wholly for exempted supplies or personal use, etc.
Conditions for claiming Input Tax Credit
- GST invoice showing details of tax paid is necessary,
- The goods on which GST has been paid have been received by the consumer,
- The applicant has filed the relevant tax returns,
- The supplier had paid the due tax to the government,
- The ITC applicant is registered under GST,
- If goods were received in installments, ITC can be claimed only after the final lot has been received.
ITC cannot be claimed if:
- Composition tax registered entities paying GST on inputs,
- If depreciation has been claimed on the tax part of a capital good,
- On goods not used as inputs such as supplies for personal use,
- On goods on which ITC is not applicable under the GST Act (exempted goods).
Input tax credits can be used as:
- CGST input tax credits are allowed to be used to pay CGST and IGST,
- SGST input tax credits are allowed to be used to pay SGST and IGST,
- IGST input tax credits are allowed to be used to pay CGST, SGST, and IGST.
What is the Composition scheme under GST?
Small businesses with an annual turnover of less than Rs. 1.5 crore (Rs. 75 Lakhs for the Special Category States) can opt for the Composition scheme.
- Composition dealers need to pay nominal tax rates based on the type of business. (a maximum of 2% for manufacturers, 5% for the restaurant service sector and 1% for other suppliers.)
- Composition dealers are required to file only a single quarterly return (instead of the monthly returns filed by normal taxpayers).
- They cannot issue tax invoices. That is, they cannot collect tax from customers and they are to pay the tax out of their own pocket.
- Entities that have opted for the Composition Scheme cannot claim any Input Tax Credit.
Who can opt for the Composition scheme?
- All SMEs looking for lower compliance and lower rates of taxes under GST.
- A GST taxpayer, whose turnover is below Rs 1.5 crore, can opt for the Composition Scheme. (In the case of Special Category States, the present limit is Rs 75 lakh.)
- The Aggregate Turnover of all businesses registered under the same PAN would be taken into consideration to calculate turnover.
- Shall pay tax at normal rates in case he is liable under the reverse charge mechanism.
- Dealers of intra-state supply of goods (or service of only the restaurant sector).
Which businesses are not eligible to apply for the Composition Scheme?
Composition scheme does not apply to:
- Service providers,
- Inter-state sellers,
- E-commerce sellers,
- Supplier of non-taxable goods,
- Manufacturer of Notified Goods,
- All the suppliers of services except those providing restaurant services (not serving alcohol),
- Suppliers of – ice cream, pan masala or tobacco (and its substitutes),
- Casual Taxable Person,
- Non-resident Taxable Person,
- Supplier of exempted goods or services.
How to apply for the Composition Scheme?
- In case of new registration, you can opt for the scheme at the time of GST Registration.
- If you are already registered you can file for it by submitting GST CMP-02 online.
What is GSTIN?
Frequently Asked Questions
Updates as on February 13, 2021
- February 13, 2021, Sources said GST authorities have stepped up their drive to maximise collections weeks ahead of close of the financial year. This has been a particularly difficult year for the tax department as lockdown resulted in a massive drop in collections and forced officials to go slow on acting against non-filers and wrong doers.
- January 03, 2021, Central GST authorities have detected a tax evasion of over Rs 830 crore by an illegal pan-masala manufacturing unit here and arrested a person for his involvement, according to an official statement.
- October 31, 2020, A GST e-invoicing system was launched at the beginning of the month of October for businesses with an annual turnover of Rs 500 crores or more, with barely 8 Lakh invoices generated on the 1’st of October. Now after a month in use, the system generates about 24 Lakh invoices a day, thus increasing in demand by 3 times the initial demand. The government is now going to start testing e-invoice generation for businesses with an annual turnover of Rs 50 crores or more from November 15.
- Aug 27, 2020, As per the latest notification (Notification no. 62/2020) issued by the Central Board of Indirect Taxes and Customs (CBIC), all businesses have to undergo a physical verification of location to be granted a GST registration, if they cannot provide their Aadhar for authentication.
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