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very supplier of goods or services or both is required to obtain GST registration in the State or the Union Territory from where he makes the taxable supply, if his total turnover (also known as aggregate turnover) is more than the limit specified by GST council. In addition, the Government has specified category of persons who are mandatorily required to obtain registration. Broadly every person has to apply for registration in every State in which he is liable, within thirty days from the date on which he becomes liable to registration. GST Registration offers the following advantages:
GST has brought forth greater transparency with its implementation. Earlier there was a lot of confusion about taxability of products or services under VAT and Service Tax. There were goods which were taxable in one state but exempted in other state. This caused much confusion among the dealers. But, now in GST a Negative List of Goods and Services is created, enumerating the goods or services not taxable. All Goods and services not mentioned in the list are taxable under GST.
GST has brought with it uniformity and reduction in compliances. In old system of VAT and Service tax there were different compliance for both. In fact, in VAT there were different compliances as per State rules. All these multiple laws and compliances burdened the system and dealers which resulted in unnecessary compliances.
There was a need for uniformity in compliances and GST does that. Common returns are introduced across all formats with taxpayers having options to file returns monthly or quarterly. This has led to increase in efficiency and reduction of compliances.
One of the purposes of introduction of GST was to create “One Market One Nation One Tax”. This means that goods and services of same nature will be taxed and same tax rate across all markets in the country.
Earlier there were different rates of taxation for same type of goods in different states. But now there is a single tax system in place.
Implementation of GST helped in avoiding cascading effect (i.e. tax on tax) in India. Which was present in the earlier system of VAT and Service Tax.
Earlier credit in VAT and Service Tax was available to suppliers. But there was no credit available for taxes paid under other laws. It means, that person who was supplying goods, was charging VAT also on Excise Duty paid at the time of manufacturing of such goods, which resulted in “Tax on Tax”.
In earlier VAT system, there were states which did not have online facility. The entire process of registration to filing of returns was complicated and cumbersome. Earlier businesses had to go to respective departments to obtain for GST registration.
In GST the whole system from registration to end process of surrendering of registration, from filing of returns to amending of returns have been made online.
In GST, each business can apply for registration online. The process for registration is easy understand and follow. Similarly, return filing is also made easy in GST.
Earlier in VAT and Service Tax Regime, the credit was not available for cross utilization. For ex: credit of VAT was not available for Service Tax and vice versa.
However, since the inception of GST, cross utilization of credit is also made available. Input Tax Credit can be setoff with IGST, CGST and SGST payable.
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Foreign NATIONALS
In case of NRI or Foreign National, documents of director(s) must be notarized and/or apostilled
Latest Passport size photograph of Proprietor/Partner/Directors
- Aadhar card and Voter ID/ Passport/ Driving License Proprietor/Partner/Directors
- PAN Card of Proprietor/Partner/Directors
- Foreign nationals must provide a valid passport
Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Proprietor/Partner/Directors
The above documents should not be more than 2 months old
- Latest Electricity Bill/ Telephone Bill of the registered office address
- No Objection Certificate to be obtained from the owner(s) of registered office
- Rent Agreement of the registered office should be provided if any
A copy of cancelled cheque is required for GST registration
Maintaining books of accounts
Books of accounts have to be maintained so that GST payable or input available can be ascertained
GST Returns
Please refer following chart for various GST returns and due dates:
Section | Type of Returns | Particulars | Due Date |
Section 37 | GSTR-1 | GSTR-1 is to be filed monthly. It contains details of all outward supplies made during the period including the purchases on which reverse charge is paid. Also details of all credit notes, debit notes and revised invoices must be furnished. | 11th of the following month, but maybe extended by notification from GST Council |
GSTR-2A |
GSTR-2A is a read-only document. It contains details of all goods or services purchased by the person during the period from a registered supplier. It reflects the details of GSTR-1 furnished by the suppliers of goods and services. It is up to the recipient of goods or services to accept, reject or modify. |
Between 10 and 15th. | |
Rule 61(5) of CGST Rules | GSTR-3B |
Summary of Inward & Outward Supplies, with details of ITC to be claimed. Payment of Tax is made in this return |
By the 20th of the following month. |
Section 39 | GSTR-4/ CMP-08 | For dealers registered under Composition Scheme | Quarterly; by 18th day from the end of Quarter |
Section 39 | GSTR-5 | Return for a Non-Resident foreign taxable person | Monthly, 20th of the next month |
Section 39 | GSTR-6 |
To be filed by Input Service Distributor Details of ITC received and distributed. Details of all documents issued for the distribution of ITC. |
13th of the next month |
Section 39 | GSTR-7 | Filed by the person deducting TDS under GST. | 10th of the next month |
Section 52(4) | GSTR-8 | To be filed by E-commerce operators along with details of tax collected | 10th of the next month |
Section 44 | GSTR-9 |
Annual Return to be filed by Normal Taxpayer
|
Annually, 31st December of next financial year |
GSTR-9A | Annual Return a taxpayer registered under the composition levy anytime during the year. | Annually, 31st December of next financial year | |
GSTR-9C |
Filed by all persons registered under GST whose turnover is more than Rs. 2 crores. It is a reconciliation statement. A Chartered Accountant or Cost Accountant can conduct such an audit. |
Annually, 31st December of next financial year | |
Sec 45 | GSTR-10 | Final Return; When GST registration is canceled or order for cancellation is passed. | Within 3 months of the date of cancellation or date of cancellation order, whichever is later. |
Rule 82 of the CGST Rules | GSTR-11 | Details of purchase made by a person holding UIN (Unique Identification Number) to claim a refund on a purchase made. | Monthly; 28th of the month following the month for which statement is filed |
GST Audit
Normally, GST audit would be applicable when turnover exceeds 2 crores in any financial year. Otherwise, it is done at the order of Commissioner and/or Deputy Commissioner/Assistant Commissioner after seeking prior approval of Commissioner
There are 21 offences specified under law and penalties are levied as per violation which may extend upto 100% or Rs. 10,000
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