Company GST registration
Introduction –
You read the Step by
Step 'How to apply or come to GST in India'. In India, During the Empowered
Committee meeting held on 10th March, 2014, it was decided that a Joint
Committee under the co-convener ship of the Additional Secretary (Revenue),
Government of India and the Member Secretary, Empowered Committee should be
constituted to look into the Report of the Sub-Group-I on Business Processes
for GST (Goods and Service Tax) and make suitable Simple method for
recommendations for Registration and Return to the Empowered Committee. It was also decided that the Joint Committee
should also keep in view the Registration and Return requirements necessary for
IGST Model. Accordingly, a Joint Committee,
in consultation with the Government of India, was constituted on 7th April,
2014
The Committee held
its deliberations on 28th October, 2014, 12th November, 2014, 25th November,
2014, 22nd December, 2014, 2nd and 3rd February, 2015, 19th and 20th February,
2015, 16th and 17th April, 2015 and 7th and 8th July, 2015. The Report of the Joint Committee on Business
Processes on Registration was accordingly circulated to all the States. However, this Report was further discussed in
the meeting of the Joint Committee on Business Processes held on 22nd and 23rd
July, 2015. Some minor changes in basic rules
were made as per the discussions in the meeting of the Joint Committee on
Business Processes held on 22nd and 23rd July, 2015. The report of the Joint Committee on Business
Processes on Registration was accordingly finalized. The list of the participants of the meeting
of the Joint Committee on Business Processes held on 22nd and 23rd July, 2015
is appended at
As Per GST Act, The Legally
recognized as supplier of goods or services.
The Proper
accounting of taxes paid on the input tax credit of goods and Input tax credit services
which can be utilized for payment of GST due on supply of goods and services or
both by the business.
Pass on the credit of the taxes paid on the
goods and services supplied to wholesaler or Service Receiver
As under Information
Provide the business process proposed in this document is based on the
following assumptions:
(1)A legal small,
Micro and wholesaler running of business .he
is without GST registration can
neither Received GST from his customers
nor claim any input tax credit of GST paid by him.
(2)
There will be a
edge of Gross Sales or Receipt Annual Turnover including exports and exempted
supplies (to be calculated on all-India basis) below which any person engaged
in supply of Goods or Services or both will not be required to take
registration. Once a trader crosses the
required limitation, he starts a new
business, GST application must be filed within 30 days from the date of the
dealer’s liability for obtaining such registration. GST application date of registration would be the date
of Registration in all cases i.e. whether the application has been filed within
prescribed time limit of 30 days or otherwise. The taxpayer would be eligible
for ITC in respect of all his purchases from the date of application, in case
application for GST registration has been filed in before 30 days. In this Case, The applicant would, not be eligible for
ITC credit in respect of his purchases prior to the date of registration, in case the registration application is not
filed in before the prescribed time limit of 30 days, In Case The GST Center is of the view that such a provision may not stand the test of judicial
scrutiny. On the other hand States, based on their experience under VAT, were
of the view that having relevant provision in the GST law has helped them
contest cases in courts. GST Law Drafting Committee to make provision relating
to eligibility for ITC credit accordingly as well as for penalty in case of a
dealer failing to register within the stipulated time period.
(3)
In this Case ,
Any Trader or Taxpayer with all annual Sales or Receipt turnover below the
threshold turnover would be allowed to take registration, if he wants to By
taking such voluntary registration he can enter the credit chain even prior to
crossing the inception limit, provided he does not option for the assuagement
scheme (as Under below).
(5). Such registered Trader or Taxpayer will neither be allowed to collect tax from his customers or Retailers nor claim any GST input tax credit. Compounding dealers shall remain under compounding scheme till their turnover crosses limit of 20 lakh threshold or they option for out of the scheme. Such GST dealers don’t have to apply every year to remain under the compounding scheme. However, if the compounding dealer opts out of compounding in a financial year, for any reason, but eligible and wish to avail compounding in the next financial year, such dealer will have to apply afresh for compounding in the beginning of the financial year in which he wishes to claim compounding scheme.
(6). All other taxable taxpayer or traders will be required to take GST registration. Such persons will be able to take the credit of taxes paid on inputs Trading / input services / capital goods and pass on the credit of GST to his customers / recipients of goods and services or both.
(8).In the case of Possibilities of , Irrespective of Sales or turnover, if a taxable Dealer or Traders carries out any inter-state supply and / or is liable to pay GST tax under reverse charge, he will be compulsorily required to take GST registration. Such person shall neither be eligible for exemption inception nor for Integrated scheme.However, an individual importing services for personal use of Service or Products consumption will not be liable to pay GST Tax under reverse charge or not Compulsory to register under GST Act if the GST law so provides.
Note :- While, at this stage it has been decided to make exception only for services, it is worth mentioning here that the Cenvat Credit Rules provide for a mechanism to allow distribution of Tax Credit inputs, which is basically a mechanism to distribute credit on inputs. Such mechanism is necessary for service provider as the location of payment of GST tax may be distinct from the location where goods are sales or received. Therefore, drafting Committee may look into this issue.
would be allotted a GST registration number is called Goods and Services Tax Identification Number (GSTIN) on voluntary basis. Taxpayer and Dealers who are below the GST inception will have option to remain in GST chain. GST Law Drafting Committee to make appropriate provision.
Incase of any person does not have PAN; this type of person's GST registration would be initially temporary and later converted into a PAN based registration. [GSTN to attract and increase temporary registration numbering system]
1.For each State the taxable taxpayer or traders will have to take a separate GST Number registration, even though the taxable Taxpayer and Traders may be supplying goods or services or both from more than one State as a single legal entity.
you are Read of Law of GST, In Various type of registrations within one State to business verticals of a taxable person may also be permitted, subject to all the verticals being on the same and equal scheme of tax treatment if the GST Law so provides.
A supplier and service provider who is not GST registered on regular basis, whether on mandatory or voluntary basis, in other State (s) and desires to conduct business in a particular State for a limited period, will have to obtain registration in that State for that limited period. Such suppliers are known as casual dealers and shall not be allowed to option for composition scheme. However, the supplier would be eligible to claim Input Tax Credit on purchases / inward supplies.
Existing taxpayer and other taxpayer, Receive a Certificate of GST, The period of GST registration would be mentioned in the GST registration certificate also. The format of GST Registration Certificate for such taxpayers is different from the regular and temporary taxpayers. Even the application form for registration will have field for ascertaining estimated supplies. Return for such taxpayers and traders would also be different. Such taxpayers would be required to self-assess their likely tax liability and deposit the same as an Advance Tax. Such amount would be deposited by way of two Demand Drafts 1 for Centre and 2 for state, which would be returned to the taxable taxpayer after he has discharged his final liability. The GST tax Law Drafting Committee may provide for as per conditions for GST registration and tax payment.
A Non-resident Supplier or taxpayer is a such person who, in the course of business, makes an inter-state supply of goods or services or both, but is not a resident in the state in which he has applied for registration, but is already registered in any other state. Since the Non-Resident Supplier is already registered in another State, there would be an simple way of registering such entities in the State in which registration is applied as Non-Resident Supplier. The provisions applicable on casual dealers (as detailed in para.
Download Files :- Registration - GST India
Useful Links :-
structure of GSTIN Number
Process of GSTIN Number
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