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What is GST ?

GST (Goods and Services Tax) is the biggest indirect tax reform of India. GST is a single tax on the supply of goods and services.

It is a destination based tax. GST is one of the biggest indirect tax reforms in the country. GST is expected to bring together state economies and improve overall economic growth of the nation.

GST has subsumed taxes like Central Excise Law, Service Tax Law, VAT, Entry Tax, Octroi, etc.

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Applicability of GST

  • If you are involved in any business except agriculture and your aggregate turnover is above ₹ 20 lakh in a financial year, then you are a taxable person under GST law.
  • Businesses operating in North Eastern and some other states need registration if their turnover exceeds Rs 10 lakh.
  • If you are an NRI doing business in India then it is mandatory for you to register under GST irrespective of the turnover of your business.

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What is GSTIN?

The Goods and Service Tax Identification Number (GSTIN) is the unique number each taxpayer will receive once they have registered on the common portal. It is based on a taxpayer’s PAN. For more details, please read our article on GSTIN.

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What are benefits of GST Registration?

For normal registered businesses:
1. Take input tax credit 2. Make interstate sales without restrictions

B. For Composition dealers:
1. Limited compliance 2. Less tax liability 3. High working capital

C. For businesses that voluntarily opt-in for GST registration (Below ₹ 20 lakhs)
1. Take input tax credit 2. Make interstate sales without restrictions
3. Register on e-commerce websites. 4. Have a competitive advantage compared to other businesses

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Penalty for Late or complete
failure to take GST Registration

As per GST act, there is a direct penalty for failure to take GST registration in India and the same is levied even in case of late GST registration.

As per section122 of CGST act, any taxable person who fails to take GST registration though he is liable to be registered under the act, then the penalty of ₹10,000 or amount of tax evaded or any short tax liability whichever is higher.

Hence, if any person fails to take GST registration and the total tax liability after calculation comes to ₹2 lakh, then the penalty for failure to take GST registration shall be 2 lakh or ₹10,000 whichever is higher and hence, ₹2 lakh shall be levied.

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Frequently Asked Questions

Registration under Goods and Service Tax (GST) regime will confer following advantages to the business:
  • Legally recognized as supplier of goods or services.
  • Proper accounting of taxes paid on the input goods or services which can be utilized for payment of GST due on supply of goods or services or both by the business.
  • Legally authorized to collect tax from his purchasers and pass on the credit of the taxes paid on the goods or services supplied to purchasers or recipients.
No. A person without GST registration can neither collect GST from his customers nor claim any input tax credit of GST paid by him.
Where the application for registration has been submitted within thirty days from the date on which the person becomes liable to registration, the effective date of registration shall be date of his liability for registration.

Where an application for registration has been submitted by the applicant after thirty days from the date of his becoming liable to registration, the effective date of registration shall be the date of grant of registration.

In case of suomoto registration, i.e. taking registration voluntarily while being within the threshold exemption limit for paying tax, the effective date of registration shall be the date of order of registration.
Any supplier who carries on any business at any place in India and whose aggregate turnover exceeds threshold limit as prescribed in a year is liable to get himself registered. However, certain categories of persons mentioned in Schedule III of MGL are liable to be registered irrespective of this threshold.

An agriculturist shall not be considered as a taxable person and shall not be liable to take registration. (As per section 9 (1))
As per section 2 (6) of the MGL, aggregate turnover includes the aggregate value of:
  • all taxable and non-taxable supplies,
  • exempt supplies, and
  • exports of goods and/or service of a person having the same PAN.

The above shall be computed on all India basis and excludes taxes charged under the CGST Act, SGST Act and the IGST Act.

Aggregate turnover does not include value of supplies on which tax is levied on reverse charge basis, and value of inward supplies.

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