GST registration process in the India
GST
registration process in the India
1)
What is the benefit of registering a low business GST?
The registration under
the regime of tax on goods and services (GST) will grant the following
advantages to the business:
· Legally recognized as
a supplier of goods or services.
· Appropriate accounting
for taxes paid on goods or services that can be used to pay for GST due to the
supply of goods or services or both by the company.
· Legally authorized to
collect taxes from its buyers and transfer the credit of the taxes paid for the
goods or services supplied to the buyers or beneficiaries.
2)
What is the responsibility for the registration
of GST in India?
The aggregate business
volume requirement for the GST record is as follows:
Region
|
Aggregate turnover
|
|
Registration responsibility
|
Responsibility for the payment of taxes
|
|
Northeast India
|
Rs 9 Lakhs
|
Rs 10 Lakhs
|
Rest of india
|
Rs 19 Lakhs
|
Rs 20 Lakhs
|
3)
What is the registration process for GST in India?
The GST registration
process will be carried out online through a portal maintained by the Central
Government of India. government it
will also name GSP (GST Suvidha Providers) to help
companies with the registration process.
Based on the
information provided by GSTN , the registration process looks like this:
1. The applicant must send his NAP, mobile phone number and
email address in the Party TO Form GST REG -
01 on the GSTN portal or through the facilitation center (notified by the board
or the commissioner).
2. The PAN is verified in the GST Portal. The
mobile phone number and the email address are verified with a one-time password
(OTP). Once the verification is complete, the applicant You
will receive a reference number of the application in the registry. Number
of mobile and by email. An acknowledgment of
receipt must be issued to the applicant in FORM GST REG-02 electronically.
3. The applicant must complete Part B of the GST REG-01 form
and specify the reference number of the application. Then you
can send the form after attaching the required documents.
4. If additional information is required, the form GST REG-03
will be issued. Applicant must
respond on Form GST REG-04 with the required information within 7 working days
from the date of receipt of Form GST REG-03.
5. If you have provided all the required information through
the GST Form REG-01 or the Form GST REG-04, The
certificate of registration in the Form GST REG -06 for the main place of
business, as well as for each additional place of business, will be issued to
the applicant. If the person has multiple commercial verticals
within a state, you can submit a separate application for registration on Form
GST REG-01 for each vertical business Yes the
details presented are not satisfactory, the application for registration will
be rejected using Form GST REG-05. The applicant who must deduct TDS or
collect TCS must submit an application on Form GST REG - 07 for registration. If
you are no longer responsible for deducting or collecting taxes at the source,
the officer may cancel and report the cancellation of the record.
Documents required for
the GST record:
· PAN card of the
company.
· Proof of incorporation
as a partnership deed, Memorandum of Association (MOA) / Articles of
Association (AOA), certificate of incorporation.
· Details and proof of
place of business as rental contract or electricity bill.
· A check cancelled from your bank account showing the
name of the account holder, the MICR code, the IFSC code and the details of the
bank branch
· Authorized signer,
such as the list of partners with their identity and proof of address in the
case of a collaborating company or the list of directors with their identity
and proof of address in case of the company.
You can Register your business for GST on the GSTN portal.
If you are a taxpayer
in Goa, you must read the notification and register before November 29, 2016.
For the rest of India,
the dates have also been announced. The
table is the following:
state
|
START DATE
|
FINAL DATE
|
Pondicherry, Sikkim
|
11/8/2016
|
11/23/2016
|
gujrat, Maharashtra , Goa, Daman and Diu, Dadra Nagar Haveli, Chhattisgarh
|
11/14/2016
|
11/19/2016
|
Odisha , Jharkhand, Bihar, West Bengal, Madhya Pradesh, Assam,
Tripura, Meghalaya, Nagaland, Arunachal Pradesh, Manipur, Mizoram
|
11/30/2016
|
12/15/2016
|
Uttar Pradesh, Jammu and Kashmir, Delhi, Chandigarh, Haryana,
Punjab, Uttarakhand , Himachal Pradesh, Rajasthan
|
12/16/2016
|
12/31/2016
|
Kerala, Tamil Nadu, Karnataka, Telangana , Andhra Pradesh
|
01/01/2017
|
01/15/2017
|
Tax registration service
|
01/01/2017
|
01/31/2017
|
Delta All registered (All groups)
|
02/02/2017
|
03/20/2017
|
These timelines
continue to change. Therefore, please continue reviewing this page
for more updates.
4) Can a person without
GST registration claim ITC and collect taxes?
No. A person without a
GST registration can not collect GST from their clients or claim any GST tax
credit paid by them.
5)
What will be the effective date of registration?
When the application
for registration has been filed within thirty days from the date the person is
responsible for the registration, the effective date of registration will be
the date of your registration responsibility.
When the applicant has
submitted an application for registration after thirty days from the date on
which the registration was made responsible, the effective date of registration
shall be the date of granting registration.
In the case of registry of suomoto , that is, take the registration voluntarily while it is within
the threshold exemption limit for the payment of taxes, the effective date of
registration will be the
Date of the registration order.
Date of the registration order.
6)
Who are the persons responsible for taking a Registry in accordance with the
GST Model Law?
Any supplier that does
business anywhere in India and whose total turnover exceeds the threshold limit
as previously prescribed in a year, is likely to be recorded. However, certain categories of persons mentioned in Annex III of
the MGL can be registered independently of this threshold.
A farmer will not be
considered as a taxpayer and will not be responsible for taking the record. (According to section 9 (1))
7)
What is an aggregate business volume?
According to section 2
(6) of MGL, the aggregate business volume includes the added value of:
( i ) all supplies subject to taxes and not subject to taxes,
(ii) exempt supplies, and
(iii) exports of goods and / or services of a person with the same NAP.
( i ) all supplies subject to taxes and not subject to taxes,
(ii) exempt supplies, and
(iii) exports of goods and / or services of a person with the same NAP.
The above will be
computed in regime all and does not include taxes India defendants under the CGST Act, SGST Law and the IGST Law.
The aggregate turnover does not include the value of the supplies on which the tax is charged on the basis of the reverse charge and the value of the incoming supplies.
The aggregate turnover does not include the value of the supplies on which the tax is charged on the basis of the reverse charge and the value of the incoming supplies.
8)
What are the cases in which registration is mandatory?
According to paragraph
5 of MGL Schedule III, the following categories of persons will be required to
be registered in a mandatory manner regardless of the threshold limit:
a) persons who make any taxable interstate supply;
b) occasional passive subjects;
c) people who are obliged to pay taxes with an inverse charge;
d) non-resident taxpayers;
e) people who must deduct taxes according to section 37;
f) persons who supply goods and / or services on behalf of other registered taxpayers
either as an agent or otherwise;
g) distributor of entrance services;
h) people who provide goods and / or services that are not brand services, through
trade operator;
i ) every electronic commerce operator;
j) an aggregator that provides services under its brand or its commercial name; Y
k) the other person or class of persons that may be notified by the Central Government or a State Government on the recommendations of the Council.
a) persons who make any taxable interstate supply;
b) occasional passive subjects;
c) people who are obliged to pay taxes with an inverse charge;
d) non-resident taxpayers;
e) people who must deduct taxes according to section 37;
f) persons who supply goods and / or services on behalf of other registered taxpayers
either as an agent or otherwise;
g) distributor of entrance services;
h) people who provide goods and / or services that are not brand services, through
trade operator;
i ) every electronic commerce operator;
j) an aggregator that provides services under its brand or its commercial name; Y
k) the other person or class of persons that may be notified by the Central Government or a State Government on the recommendations of the Council.
9) What is the time limit
to take a record according to the GST Model Law?
Any person must take a
Register, within thirty days from the date on which he is responsible for
registration, in the manner and subject to the prescribed conditions.
10)
If a person is operating in different states, with the same PAN number, can he
operate with only one record?
No. Each person who is
responsible for taking a Registry will have to register separately for each of
the States where he has a commercial operation and is responsible for paying
GST in terms of Subsection (1) of Section 19 of the Model Law of GST. .
11)
Can a person who has multiple business verticals in a state obtain different
records?
Yes. In terms of Subsection (2) of Section 19, a person who has
multiple business verticals in one state can obtain a separate record for each
business vertical, subject to the prescribed conditions.
12)
Is there a provision for a person to register voluntarily even if he is not
responsible for paying the GST?
Yes. In terms of Subsection (3) of Section 19, a person, although not
required to register in Annex III, may voluntarily register, and all provisions
of this Act, as applicable to a registered taxpayer, shall apply to such a
person
13)
Is it mandatory to have a Permanent Account Number (PAN) to obtain a Register?
Yes. Each person shall have a Permanent Account Number issued
pursuant to the Income Tax Act of 1961 (43 of 1961) to be eligible for the
granting of registration pursuant to Section 19 of the GST Model Law.
However, under section 19 (4A) of MGL, PAN is not mandatory for a non-resident taxpayer who can be granted registration based on any other document that may be prescribed.
However, under section 19 (4A) of MGL, PAN is not mandatory for a non-resident taxpayer who can be granted registration based on any other document that may be prescribed.
14)
Either the Department, through the appropriate official, can suo-moto proceed with the
registration of a Person in accordance with this Law?
Yes. In terms of subsection (5) of Section 19, when a person who is
subject to being registered under this Act does not obtain the registration,
the corresponding official may, subject to
For any action that is, or may be taken under, the MGL, or under any other law for the time being in effect, proceed to register that person in the manner prescribed.
For any action that is, or may be taken under, the MGL, or under any other law for the time being in effect, proceed to register that person in the manner prescribed.
15)
Can the appropriate official reject an application for registration?
Yes. In terms of subsection 7 of MGL, the appropriate official may
reject an application for registration after due verification. However, it is also provided in subsection 8 of Section 19, the
appropriate official will not reject the application for registration or the
unique Identity Number without giving notice of the cause and without giving
the person a reasonable opportunity to be heard.
16)
Is the registration granted to any person permanent?
Yes, the Certificate
of registration once granted is permanent unless it is delivered, canceled,
suspended or revoked.
17)
Is it necessary for United Nations agencies to register with MGL?
All organizations of
the United Nations Consulate or the Embassy of foreign countries and any other
class of persons so notified must obtain a unique identification number (UIN)
from the GST portal. The structure of such identification would be
uniform in all the states in accordance with the GSTIN structure and it will be
common for the Center and the states. This
UIN will be necessary to claim reimbursement of taxes paid by them and for any
other purpose that may be prescribed in the GST Rules.
18)
What is the responsibility of the taxpayer that supplies the United Nations
agencies?
It is expected that
the taxable supplier that supplies these organizations will mention the UIN in
the invoices and treat those supplies as supplies to another registered person
(B2B) and the invoices will be charged by the supplier.
19)
Is it necessary for the government? organization to obtain the registration?
The respective state
tax authorities will give a unique identification number (ID) through the GST
portal to government authorities / PSUs that do not make supplies abroad of GST
goods (and, therefore, are not responsible for obtaining the GST record) , but
make purchases between states.
twenty) Who is an occasional
taxpayer?
The occasional passive
subject has been defined in Section 2 (21) of MGL. It means a person who occasionally transacts in a territory
subject to taxes where he does not have a fixed place of business.
21)
Who is a non-resident taxpayer?
A taxpayer who resides
outside India and who comes to India for occasional transaction in the country
but does not have a fixed place of business in India is a non-resident taxable
person under the terms of Section 2 (69) of MGL.
22)
What is the period of validity of the registration certificate issued for an
occasional taxpayer and a non-resident taxpayer?
The certificate of
registration issued to an "occasional taxpayer 34" or a
"non-resident taxpayer" shall be valid for a period of ninety days
from the effective date of registration. However, the
appropriate official, at the request of said taxpayer, may extend the validity
of the mentioned period of ninety days for an additional period not
exceeding ninety days
exceeding ninety days
23)
Is there an advance tax that must be paid by an occasional taxpayer and a
non-resident taxpayer at the time of registration in this special category?
Yes. While a normal taxpayer does not have to make any deposit of
money to obtain the registration, an occasional taxpayer or a non-resident
taxpayer must, at the time of filing the application for registration under
subsection (1) of section 19, make an advance deposit of taxes for an amount
equivalent to the estimated tax liability of said person for the period for
which the registration is requested. If
the record should be extended beyond the initial ninety-day period, an
additional amount of tax equivalent to the tax must be deposited for the
estimated tax for the period for which the extension is requested beyond ninety
days.
24)
Are modifications to the registration certificate allowed?
Yes. In terms of Section 20, the corresponding official may, on the
basis of the information provided by the registrant or as determined by him,
approve or reject the modifications in the registration data in the manner and
within the prescribed period. It should be noted that the permission of the
appropriate official will be required to make amendments only for certain
central information fields, while for the other fields, the registrant can carry
out the amendments.
25)
Is the cancellation of the Registration Certificate allowed?
Yes. Any registration granted under this Act may be canceled by the
appropriate Official, in the circumstances mentioned in Section 21 of the MGL. The appropriate official may, in his own motion or in a
submitted application, in the prescribed manner, by the registered taxpayer or
his legal heirs, in case of death of said person, cancel the registration, in
such manner and within such Period that can be prescribed.
26)
If the cancellation of the Registry under the CGST Act also means the
cancellation under the SGST Law?
Yes. The cancellation of registration under a Law (for example, the
CGST Act) will be considered as a cancellation of enrollment under the other
Act (ie, the SGST Act). (Section 21 (6))
27)
Can the appropriate officer cancel the registration on their own?
Yes, under certain
circumstances specified in section 21 (2) of MGL, the appropriate officer may
cancel the registration on his or her own. Such
circumstances include not filing a statement for a continuous period of six
months (for a person subject to normal taxes of 36 people) or three months (for
a compound taxpayer), and not starting the business within six months after the
date register. However, before canceling registration, the
appropriate officer must follow the principles of natural justice (Section 21
(4))
28)
What happens when the registration is obtained by means of erroneous
declarations, fraud or suppression of facts?
In such cases, the
appropriate officer may cancel the registration retroactively. Section 21 (3).
29)
Is there an option to take centralized registration for services under MGL?
No. There is no such
option.
30) If the taxpayer has
different business verticals in a state, will he have to obtain a separate
record for each of those verticals in the state?
No. However, the
taxpayer has the option to register such independent commercial verticals
independently in terms of Section 19 (2) of MGL.
31) Who is an ISD?
ISD stands for
Distributor of entry services and has been defined in Section 2 (56) of MGL. It is basically an office designed to receive tax bills to
receive entry services and distribute the credit to the supplier's units
proportionally.
32)
Will it be required that ISD be registered separately in addition to the
existing taxpayer registry?
Yes. The ISD registration is for a taxpayer's office that will be
different from the normal registry.
33)
Can a taxpayer have multiple ISDs?
Yes. The different offices of a taxpayer can request the registration
of ISD.
34)
What might be the liabilities (in terms of registration) in the transfer of a
company?
The assignee or the
successor will be responsible for being registered with effect of said transfer
or succession and must obtain a new registration with effect as of said date
(List III of MGL).
35)
Will all advisers / traders who are already registered under the existing
central excise / service / VAT laws have to obtain a new registration?
No. GSTN will migrate
all these evaluations / distributors to the GSTN network and issue the GSTIN
number and password. They will be asked to send all the required
documents and the information required to register in a certain period of time. Otherwise, the GSTIN number will be canceled. The service tax determines that the centralized registry must be
applied again in the respective states wherever they have their business.
36)
Will it be mandatory to register the worker?
No. Section 43A of MGL
does not prescribe any condition of this type.
37)
Will the goods be allowed to be supplied from the workplace of a labor worker?
Yes. But only in cases where the labor worker is registered or the
director declares the place of business of the labor worker as his additional
place of business.
38)
At the time of registration, will you have the declarant Who declare all your
places of business?
Yes. The principal place of business and the place of business have
been defined separately in section 2 (78) and 2 (75) of MGL, respectively. The taxpayer will have to declare the main place of
business, as well as the details of additional business places in the
registration form.
39) Is there a system to
facilitate smaller distributors or those that do not have IT infrastructure?
In order to meet the
needs of taxpayers who are not IT experts, the following facilities will be
made available:
Preparer of tax returns (TRP):
A taxpayer can prepare his registration / returns application himself or can approach the PRT for help. TRP will prepare said registration / return document in the prescribed format based on the information provided by the taxpayer. The legal responsibility for the accuracy of the information contained in the forms prepared by the TRP will fall solely on the taxpayer and the TRP will not be responsible for any error or incorrect information.
Preparer of tax returns (TRP):
A taxpayer can prepare his registration / returns application himself or can approach the PRT for help. TRP will prepare said registration / return document in the prescribed format based on the information provided by the taxpayer. The legal responsibility for the accuracy of the information contained in the forms prepared by the TRP will fall solely on the taxpayer and the TRP will not be responsible for any error or incorrect information.
Facilitation Center
(FC) :
It will be responsible for the digitization and / or loading of the forms and documents, including a summary sheet duly signed by the Authorized Signatory and delivered by the taxpayer. After loading the data into the common portal using the FC ID and Password, the FC will take and sign a copy of the acknowledgment of receipt and deliver it to the taxpayer for registration. The FC will scan and upload the summary sheet duly signed by the Authorized Signatory.
It will be responsible for the digitization and / or loading of the forms and documents, including a summary sheet duly signed by the Authorized Signatory and delivered by the taxpayer. After loading the data into the common portal using the FC ID and Password, the FC will take and sign a copy of the acknowledgment of receipt and deliver it to the taxpayer for registration. The FC will scan and upload the summary sheet duly signed by the Authorized Signatory.
40) Is there any facility
for digital signature in the GSTN record?
Taxpayers would have
the option to sign the application submitted using valid digital signatures (if
the applicant must obtain the DSC in accordance with any other current law, you
must send your application for registration using it). For those who do not have a Digital signature, alternative mechanisms will be provided in
the GST Registration Rules.
41) What will be the time
limit for the decision on the online application?
If the information and
the documents loaded are in order, the State and the central authorities will
approve the request and will communicate the approval to the common portal within three common working days. The portal will automatically generate the Registration
Certificate.
In the event that the
tax authorities do not report any deficiency to the applicant within three
common business days, the registration will be deemed to have been granted
[section 19 (9) of MGL] and the portal will automatically generate the
Certificate of Registration.
42)
What will be the time of the applicant's response if any query is raised in the
online application?
If during the
verification process, one of the tax authorities raises any query or notices
any error, it will be communicated to the applicant and to the other fiscal
authority through the common GST Portal within 3 common working days. The applicant will respond to the
query / rectify the error / answer the query within a period reported by the
corresponding tax authorities (normally this period would be seven days).
Upon receipt of an
additional document or clarification, the relevant tax authority will respond
within seven common business days.
43)
What is the process of denial of registration?
In case the
registration is rejected, the applicant will be informed about the reasons for
such refusal through an intervention order. The
applicant shall have the right to appeal against the decision of the Authority. According to subsection (10) of section 19 of MGL, any rejection
of an application for registration by an authority (that is, under the CGST /
SGST Act) will be considered as a rejection of an application for registration
by the another tax authority (that is, under the SGST Law / CGST Law).
44)
Will there be any communication related to the layout of the application?
The applicant will be
informed of the fact of the concession or rejection of their application for
registration by email and SMS through the common portal of GST. Jurisdictional details The applicant would be intimidated at this stage.
45)
Can I download the registration certificate from the GSTN portal?
In case registration
is granted, the applicant can download the Registration Certificate of the
common GST portal.
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