Title: Predominant Gst registration and its importance in India
1Predominant GST registration and its importance
in India
- Here, in this blog we have discussed about the
predominant GST registration and their importance
to be known by each and every person
2Predominant GST registration and its importance
in India
- GST stands for goods and service tax. The one
hundred and twenty second amendment bill of the
Indian constitution introduced the National Goods
and Service Tax from 1st July 2017. This is
officially known to be the constitution act,
2016. Consequently, the prominent reason behind
the introduction of predominant GST is the tax
burden that falls both on companies and the
customers. Regarding to the current tax system,
there are several taxes added at each and every
stage of the supply chain, without taking credit
for taxes that are paid at the earlier stages
3As a result, the end user cost does not clearly
shows the actual cost of the product that are
sold and purchased and how much tax was applied.
This structure remains quite complex and
inefficient one. Moreover, Gst will integrate
more taxes into single unit, which can be applied
to the sales and the purchases of the goods and
services, with deductions for taxes paid at the
earlier supply chain stages. This structure
remains easier to be tracked by both government
and the business people.
4Predominant tax system
- The indirect tax system in India is extremely a
complex one. It has been felt that this tax
structure and the general legal framework reduced
many entrepreneurs and also hinders the growth of
many business. India, being a single country
facing many internal barriers to administrate
trade, commerce and the business of the dominant
tax structures. Likewise, VAT implementation also
helped a lot in preparing the groundwork that is
essential for bringing out the next level of tax
reforms called Goods and service tax (GST).
Moreover, It has been seen as an efficient tax
system and this affects the structuring of the
various operations. Thus, the industries are
required to analyze the provisions of the GST Law
and its impact in their business.
5Predominant GST filing
- Specifically, predominant GST law implies
obtaining a unique number from the concerned tax
authorities for the registered business entity
for collecting tax on behalf of the government.
In fact, Section 22(3) of the CGST Act, says that
where a business carried on by a taxable person
registered is transferred, the Transfee or the
successor would be liable to be registered with
effect from such transfer or succession and he
will have to obtain a fresh registration with
effect from the date of such transfer or
succession.
6Section 22(4) states that if a business is
transferred as an order of a High Court, or
otherwise pursuit to 1. Sanction of
scheme 2. Arrangement for
amalgamation 3. De-merger of two or
more companies, As a result, the transferee would
be liable to obtain registration from the date on
which the Registrar of Companies issues a
certificate of incorporation giving effect to
such order of the High Court or Tribunal.
7Why you will pay GST?
- Chiefly, it is important to note that there are
two categories of businesses that comes under the
predominant GST. The first one is that you have
to register the business alone. The other
category is that you will have to register as
well as pay taxes. These categories are decided
based on the turn over which is being calculated
using the GSTIN. Similarly, The GST act in the
clause (3) of the defining section 2 defines all
the aggregate value of all the taxable supplies,
excluding the values of inward supplies on which
tax is payable by a person on inverse charge
basis.
8However, it also exempt supply of goods and
services and services of inter-state supplies
having the same permanent account number to be
computed all over India. It excludes Central tax,
State tax, Union Territory tax, integrated tax
etc. If the Aggregate Turnover is over 19 lakh
then the business is eligible to register on the
GST Portal. As soon as, if the aggregate turnover
exceeds 20 lakh, the business becomes liable to
pay GST. The aggregate turnover has been kept
lowered for the north-east states at 9 lakh for
registration and 10 lakhs for paying taxes.
9Predominant Registration Rules under Goods and
Services Tax
- PERSONS WHO HAVE TO REGISTER
- It is important to know who is liable to register
under the Goods and Services Tax. Provisions
regarding Registration are contained in Section
22 to Section 30 of the Central GST Act, 2017. - According to Section 22 of the Act, the following
categories of people have to register under the
Goods and Services Act.
10- Each and every supplier whose annual turnover is
Rs. 25 lakh have to register under the Goods and
Services Act, 2017. - In the case of a special category state, supplier
who has an annual turnover of Rs. 10 lakh have to
register themselves under the GST Act. - The persons who are previously enrolled under
different laws prior to the commencement of this
act also have to get themselves registered. - Any person who has taken over the business from
the other person of the registered company also
have to register GST.
11- PERSONS WHO DO NOT HAVE TO REGISTER
- Under Section 23, the Central Government gives
exemptions to some category of people who do not
want to register GST - Any person who is involved in the supply of Goods
and Services do not have to get themselves
registered under the Goods and Services Act,
2017. - Any agriculturist who is involved in the supply
of the product which does not involve the
cultivation of land. - The government on the advice of the council from
time to time through notices may specify the
category of persons who may be exempted from
getting themselves registered.
12- COMPULSORY REGISTRATION
- According to Section 24 of the Goods and Services
Act, 2017 there is a certain category of people
who have to register compulsory - Any person who is making an inter-state taxable
supply have to register compulsory. - Consequently, Persons who are required to pay GST
under reverse charges. - The non-resident taxable person making a taxable
supply. - Persons who make taxable supply of goods and
services for other taxable people as an agent or
otherwise are also required to get themselves
registered. - Any other person who is notified by the
government on the recommendations of the Gst
Council.
13AMENDMENT TO REGISTRATION
- According to Section 28, any person can inform
the concerned officer to make some changes in the
information presented to him at the time of
registration, through a proper procedure, the
officer concerned have the power to either accept
the changes or reject the changes but he cannot
reject the changes without giving the other
person a chance to speak for himself.
14Documents required for GST registration
15- PAN Card of the Business and Applicant
- Valid Indian Phone Number and Email address
- Proof of Place of business
- Any document in support of the ownership of the
premises such as Latest Property Tax Receipt or
copy of Electricity Bill or the Copy of the valid
Rent / Lease Agreement/Consent letter (as
applicable) - Valid bank account number from India
- Other details such as list of goods and services,
Proof of appointment of Authorized Signatory
,Authorized Signatories photo (soft copy) - For Companies and LLPs, it is important to have
digital signature (class 2 digital signature) of
the person who is authorized to sign the GST
application - Incorporation certificate
16(No Transcript)