Goods and Services Tax better known as GST in India, is a new and comprehensive tax to be levied on sales, manufacturing and consumption of services and goods across the nation. Referred to as one of the biggest tax reforms in the country, GST is expected to bring together state economies and improve overall economic growth of the nation.
Goods and Services Tax bill is India's biggest reform in India's indirect tax structure. The purpose of the bill is to introduce one single tax on supply of goods and services, from the manufacturing stage until its delivery to the final consumer.
What is State GST and Central GST?
For transactions within a State, there will be two components of GST - Central GST (CGST) and State GST (SGST) - levied on the value of goods and services. Both the Centre and the States will simultaneously levy GST across the value chain.In the case of inter-State transactions, the Centre would levy and collect the Integrated Goods and Services Tax (IGST). The IGST would be roughly equal to CGST plus SGST.
What are the key advantages?
1.Reduces paperwork in tax filing and collection.
2.More tax revenue without a direct impact on the industry.
3.Increased Exports.
4.India becomes a single market. This reduces cost and time on the movement of goods.
Who is liable to pay GST?
Businesses and traders with annual sales above Rs20 lakh are liable to pay GST. The threshold for paying GST is Rs10 lakh in the case of northeastern and special category states. GST is applicable on inter-state trade irrespective of this threshold.
The current tax system gives businesses a tough time as it involves multiple taxes, complex compliance procedures, and intervention by several state and central tax divisions. This makes it highly difficult to setup a business in India which already stands at 133rd position when comes to doing business.
By combine a large number of Central and State taxes into a single tax, it would serious cascading or double taxation in a major way and cover the way for a common national market. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which is currently estimated to be around 25%-30%. GST would also make Indian products competitive in the domestic and international markets. Studies show that this would have a boosting impact on economic growth. This tax, because of its transparent and self-policing character, would be easier to administer.
GST is supposed to bring in uniformity which is currently missing in our existing indirect tax structure. To explain to a layman, in the current structure we have multiple taxes levied by centre (excise, service tax etc), by state (VAT, CST, entry tax etc) and then also by local municipal bodies (octroi, LBT etc)
And there are multiple tax rates under each of these tax laws. This creates a lot of complexity. Further there is lot of restriction of tax credit. VAT paid cannot be credit against Exise or service tax and vice versa. Octroi, LBT and CST are always a cost. So there is a lot of tax cost that sits in your P/L
GST aims to rectify this. We now have only CGST and SGST or IGST applicable and the number of different tax rates are limited - should not exceed more than 10 as of now.
Under GST, There is a lot of credit fungibility, ensuring maximum credit and lower tax costs
Also there is lot of focus on technology enabled compliances with an aim to reduce non-compliances. If it works, this is going to be s first in the world. For eg: No other country has the matching principle that GST has proposed.
While yes, having one tax with one rate was the ideal situation, the fact that India is a federal state and our current structure makes it impossible to implement one nation one tax one rate.
The reason for introducing the GST regime in India is due to the following reasons:
1.Multiple taxes and tax cascading
1.In the current indirect tax structure, up to 20 taxes are levied by the state and the central government before a product reaches the end consumer.
2.At each stage of a supply chain, taxes are applied on the total value of the product, even though it has already been taxed at the previous level. This process of taxing already taxed goods is referred to as tax cascading. This happens when the government fails to provide credit for input tax (the tax that was paid at the previous stage) to the consumer who buys the product in the next stage.
3.This heavy tax cascading increases the amount of tax involved in the making of a product, which often is included as part of the manufacturing cost. This shifts the entire tax burden on the end consumer, who will pay upwards of 30-35% in taxes by the time they buy a product.
2.Interstate movement of goods is difficult
When goods are moved from one state to another, a Central Sales Tax (CST) of 2% is collected on the total value of the goods at the state border. For example, if you have a textile showroom in Chennai and buy garments from Surat , the truck carrying the consignment will be charged a CST of 2% for each state border it crosses. This amount gets added to the cost of the garments that you buy from the manufacturer. On top of all that, the constant taxing of interstate goods delays their arrival, as time is wasted at tax checkpoints at each state border.
Currently, the Indian tax structure is divided into two - Direct and Indirect Taxes. Direct Taxes are levies where the liability cannot be passed on to someone else. An example of this is Income Tax where you earn the income and you alone are liable to pay the tax on it.
By combine a large number of Central and State taxes into a single tax, it would serious cascading or double taxation in a major way and cover the way for a common national market. From the consumer point of view, the biggest advantage would be in terms of a reduction in the overall tax burden on goods, which is currently estimated to be around 25%-30%. GST would also make Indian products competitive in the domestic and international markets. Studies show that this would have a boosting impact on economic growth. This tax, because of its transparent and self-policing character, would be easier to administer.
In the case of Indirect Taxes, the liability of the tax can be passed on to someone else. This means that when the shopkeeper must pay VAT on his sale, he can pass on the liability to the customer. So, in effect, the customer pays the price of the item as well as the VAT on it so the shopkeeper can deposit the VAT to the government. This means that the customer must pay not just the price of the product, but he also pays the tax liability, and therefore, he has a higher outlay when he buys an item.
This happens because the shopkeeper has paid a tax when he bought the item from the wholesaler. To recover that amount, as well as to make up for the VAT he must pay to the government, he passes the liability to the customer who has to pay the additional amount. There is currently no other way for the shopkeeper to recover whatever he pays from his own pocket during transactions and therefore, he has no choice but to pass on the liability to the customer.
Goods and Services Tax will address this issue after it is implemented. It has a system of Input Tax Credit which will allow sellers to claim the tax already paid, so that the final liability on the end consumer is decreased.
A distribution channel is a chain of businesses or intermediaries through which goods or service passes until it reaches the end consumer. It can include wholesalers, retailers, distributors and even the internet itself.
When goods move from one party to another in the distribution channel, tax will be imposed at each stage.Let's take a closer look at how this works with a simple example.
How is the GST different?
Instead of applying taxes on the total value of the product at each stage, the GST only imposes tax on value addition. Because it provides credit for the input tax paid at each previous stage of a supply chain, this method considerably reduces the overall manufacturing cost.
Comparison of Current Tax Structure vs. GST
Current Tax Structure
Imagine a manufacturer selling zinc coated steel buckets, each for Rs.1000 plus a VAT of 10% (which is Rs.100) to a wholesaler located in the same state (let's call it State 1).
So, the wholesaler at state 1 buys them for Rs.1100 per piece and increases the total selling price to Rs.2,000 per bucket before selling a few of them to a retailer located in a different state (State 2). Under the pre-GST regime, this interstate sale will attract a Central Sales Tax (CST) of 12% on Rs.2,000 (which is Rs.240).
The retailer pays Rs.2240 per bucket and then increases its price by 20% (which is Rs.448) and then offers it to local consumers (who are also at state 2) for Rs.2688 plus a VAT of 15% (which is another Rs.403.20).
The end consumer ends up paying a total of Rs.3,091.20/- per bucket.
Comparison between Multiple Indirect tax laws and proposed one law
Particulars | Without GST(Rs.) | With GST |
---|---|---|
Manufacture to Wholesaler | ||
Cost of Production | 5,000.00 | 5,000.00 |
Add: Profit Margin | 2,000.00 | 2,000.00 |
Manufacturer Price | 7,000.00 | 7,000.00 |
Add: Excise Duty @ 12% | 840.00 | - |
Total Value(a) | 7,840.00 | 7,000.00 |
Add: VAT @ 12.5% | 980.00 | - |
Add: CGST @ 12% | - | 840.00 |
Add: SGST @ 12% | - | 840.00 |
Invoice Value | 8,820.00 | 8,680.00 |
Wholesaler to Retailer | ||
COG to Wholesaler(a) | 7,840.00 | 7,000.00 |
Add: Profit Margin@10% | 784.00 | 700.00 |
Total Value(b) | 8,624.00 | 7,700.00 |
Add: VAT @ 12.5% | 1,078.00 | - |
Add: CGST @ 12% | - | 924.00 |
Add: SGST @ 12% | - | 924.00 |
Invoice Value | 9,702.00 | 9,548.00 |
Retailer to Consumer: | ||
COG to Retailer (b) | 8,624.00 | 7,700.00 |
Add: Profit Margin | 862.40 | 770.00 |
Total Value(c) | 9,486.40 | 8,470.00 |
Add: VAT @ 12.5% | 1,185.80 | - |
Add: CGST @ 12% | - | 1,016.40 |
Add: SGST @ 12% | - | 1,016.40 |
Total Price to the Final consumer | 10,672.20 | 10,502.80 |
Cost saving to consumer | - | 169.40 |
% Cost Saving | - | 1.59 |
Notes: Input tax credit available to wholesaler is Rs.980 and Rs.1,680 in case of without GST and with GST respectively. | ||
Likewise Input tax credit available to Retailer is Rs.1,078 and Rs.1,848 in case of without GST and with GST respectively. | ||
In case, VAT rate is also considered to be 12%, the saving to consumer would be 1.15%. |
From July 2017, India will take after the double GST display which is comprised of the accompanying segments:
SGST - where the revenue will be collected by the central government
CGST - where the revenue will be collected by the state governments for intra-state sales
IGST - where the revenue will be collected by the central government for inter-state sales
In most cases, the tax structure under the new regime will be as follows:
1)Transaction
2)New Regime
3)Old Regime
4)Comments
5)Sale within the state
6)CGST + SGST
7)VAT + Central Excise/Service tax
8)Revenue will now be shared between the Centre and the State
9)Sale to another State
10)IGST
11)Central Sales Tax + Excise/Service Tax
12)There will only be one type of tax (central) now in case of inter-state sales.
Instead of applying taxes on the total value of the product at each stage, the GST only imposes tax on value addition. Because it provides credit for the input tax paid at each previous stage of a supply chain, this method considerably reduces the overall manufacturing cost.
Transaction | New Regime | Old Regime | Comments |
---|---|---|---|
Sale within the state | CGST + SGST | VAT + Central Excise/Service tax | Revenue will now be shared between the Centre and the State |
Sale to another State | IGST | Central Sales Tax + Excise/Service Tax | There will only be one type of tax (central) now in case of inter-state sales. |
If the movement of goods occur between two different states i.e. an interstate transaction, a combined tax called the IGST or the Integrated GST (SGST + CGST) will be collected by the central government. The IGST will supplant the right now demanded Central Sales Tax (CST) of 2%. The expense sum gathered as IGST will later be disseminated to particular state governments
For better understanding, let's take a look at the following scenarios:
Scenario 1: Levy of SGST and CGST
Let us assume that you're a distributor in Chennai and you buy goods from a manufacturer in Tirupur , Tamilnadu. Since the sale and movement of goods happen within the state, SGST and CGST will be levied on the sale. Also, the distributor gets tax credit on the input SGST and CGST.
Scenario 2: Levy of IGST
Let us assume that you're a distributor in Belgaum and you buy goods from a manufacturer in Tirupur . Here, the sale and movement of goods happen between two different states, IGST will be levied on the sale.
The four-tier tax structure contains four separate rates: a zero rate, a lower rate, a standard rate, and a higher rate.
Zero rate:
Zero rated supply means any of the following taxable supply of goods and/or services. There won't be any tax on almost 50 % of items in the Consumer Price Index basket, including grains used by the common man.
Including zero rate as part of the GST structure will keep the prices of basic items in check, regardless of whether the government decides to increase tax rates in the future.
Lower rate (5% Tax slab):
This is applicable on items of mass consumption used by common people. A lower rate of 5% will be applied on the rest of the items in the CPI basket and other items of mass consumption. This, along with the zero rate tax, will help prevent inflation from having much of an impact on zero rate and lower rate items, keeping the prices of all essential items in check.
Standard rate (12% and 18%)
There are two standard rates that have been finalized by the GST Council: 12% and 18%. All taxable services that are currently charged at 15% will now be moved to the 18% bracket. This could increase the price of a majority of services that are currently offered.
Higher rate (28% GST rate)
All the items (especially luxury items) which are now taxed at around 30% will fall under 28% GST rate slab.Previously, the tax on white goods was around 27% (including an excise of 12.5% and VAT of 14.5%), but the cascading effect elevated the tax as high as 30-31%. This will be minimized by the new higher rate of 28%.
Additional cess
The additional cess , which had been a topic of debate since the proposal of the GST rates, is now finalized.
Every business carrying out a taxable supply of goods or services under GST regime and whose turnover exceeds the threshold limit of Rs. 20 lakh/ 10 Lakh as applicable will be required to register as a normal taxable person. This process is of registration is referred as GST registration.
Why is GST Registration Important?
GST registration is critical because it will enable you to avail various benefits that are available under the GST regime. One such benefit is to avail seamless input tax credit. Multiple taxes are being clubbed under GST and thus the cascading of taxes that is prevailing currently will no longer be the case.
Also, timely registration will help you avoid any kind of interface with tax authorities.
When to register for GST:
You must register for GST if you carry out a taxable activity
1) Your turnover in a financial year exceeds Rs 20lakhs (Rs 10 lakhs for Special category states).
2) If your turnover includes supply of only those goods/services which are exempt under GST, this clause does not apply.
3) To test this threshold, your turnover should include aggregate value of all taxable supplies, exempt supplies, export of goods and/or services and inter-state supplies of a person having the same PAN
4) Every person who is registered under an earlier law will take registration under GST too.
5) Where a business which is registered has been transferred to someone, the transferee shall take registration with effect from the date of transfer.
6) Anyone who makes inter-state supply of goods and/or services.
7) Casual taxable person (see below)
8) Non-Resident taxable person (see below)
9) Agents of a supplier
10) Those paying tax under reverse charge mechanism
11) Input service distributor
12) E-commerce operator or aggregator
13) Person who supplies via e-commerce aggregator
14) Person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person
Other notable points regarding registration
A person with multiple business verticals in a state may obtain a separate registration for each business vertical.
PAN is mandatory to apply for GST registration (except for non-resident person who can get GST registration on the basis of other documents)
A registration which has been rejected under CGST Act/SGST Act shall also stand rejected for the purpose of SGST/CGST act.
Who is a casual taxable person?
A person who occasionally supplies goods and/or services in a territory where GST is applicable but he does not have a fixed place of business. Such a person will be treated as a casual taxable person as per GST.
Example: A person who has a place of business in Bangalore supplies taxable consulting services in Pune where he has no place of business would be treated as a casual taxable person in Pune.
Who is a non-resident taxable person?
Any person who occasionally undertakes transactions involving the supply of goods or services, or both, whether as principal or agent or in any other capacity, but who has no fixed place of business or residence in India .
GSTIN :
It is expected that 8 million taxpayers will be migrated from various platforms into GST. All of these businesses will be assigned a unique Goods and Services Tax Identification Number.
The documents that are required to register for GST are:
1) Photographs
2) Constitution of taxpayer
3) Proofs of place of business
4) Bank account details
5) Authorization form
GST registration process will be online through a portal maintained by Central Government of India. Govt. will also appoint GSPs (GST Suvidha Providers) to help businesses with the registration process.
Steps for Existing taxpayers registered under Excise, Service Tax and State Tax Laws such as VAT, Entry Tax, Luxury Tax and Entertainment Tax, those who received SMS/ Email with Provisional ID and Password, to enroll with the GST Common Portal using Provisional ID and Password:
All existing taxpayers and VAT dealers will be given a provisional ID and a password. You first need to create your username and password using this provisional ID and password at the GST Common Portal-www.gst.gov.in.
It is assumed that all existing Central Excise taxpayers are already registered under State VAT Department. It covers both Central Excise and State VAT registration.
To enroll with the GST Common Portal, you need to perform the following steps:
GST registration is critical because it will enable you to avail various benefits that are available under the GST regime. One such benefit is to avail seamless input tax credit. Multiple taxes are being clubbed under GST and thus the cascading of taxes that is prevailing currently will no longer be the case.
Also, timely registration will help you avoid any kind of interface with tax authorities.
1. Access the www.gst.gov.in URL. The GST Home page is displayed.
2. Click the NEW USER LOGIN button.
3. The Declaration page is displayed. Select the checkbox for declaration and click the CONTINUE button.
4. The Login page is displayed. In the Provisional ID field, type the username that you received in the email, SMS or any other communication received from the State VAT Department.
5. In the Password field, type the password that you received in the email, SMS or any other communication received from the State VAT Department.
6. In the Type the characters you see in the image below field, type the catcher text as shown in the screen.
7. Click the LOGIN button.
NOTE :
In case you have not received or lost your Provisional ID and Password, contact your State VAT Department.
In case you have already created your username, click the here link to login.
8. The Provisional ID Verification page is displayed. In the Email Address field, enter your email
9. In the Mobile Number field, enter your valid Indian mobile number.
NOTE :
Enter your own email address and mobile number if you are the Primary Authorized Signatory. All future correspondences from the GST Common Portal will be sent on this registered email address and mobile number only E-mail address and mobile number cannot be changed till 01/04/2017.
Any change in the registered email address and mobile number can be done through the amendment process after 01/04/2017 as specified in the GST Act.
10. Click the CONTINUE button.
You must have received two different OTPs. Do not share these OTPs with anyone. Check your email address and note your email OTP. Also check text message sent on OTP. Also check text message sent on your mobile phone and note your mobile OTP.
11. The OTP Verification page is displayed. In the Email OTP field, enter the OTP you received in your email address.
12. In the Mobile OTP field, enter the OTP you received on your mobile phone.
NOTE :
In case you have not received the OTP, click the RESEND OTP button to resend the OTP to your email address and mobile number. Both new OTPs have to be used for the verification. The validity period of OTP is 10 minutes.
13. Click the CONTINUE button.
14. The New Credentials page is displayed. In the New Username field, enter a username for yourself.
15. In the New Password field, enter a password of your choice that you will be using from next time onwards.
NOTE :
Username should be of 8 to 15 characters, which should comprise of alphabets, numbers and can contain special character dot(.), underscore (_) or hyphen (-).
Password should be of 8 to 15 characters, which should comprise at least one alphabet, one number, one upper case letter, one lower case letter and one special character.
16. In the Reconfirm Password field, reenter the password.
17. Click the CONTINUE button.
18. The Security Questions page is displayed. For each security question, enter the answers.
NOTE :
There are five questions on this page. It is mandatory to enter answers to all the security questions. Be careful when answering the security questions. In case you forget your password, you will be required to answer these security questions to retrieve your password.
19. Click the SUBMIT button. The message "Username and password have been successfully changed. Kindly login using these Credentials" is displayed. You can now login to the GST Common Portal using the username and password you just created.
20. In the Username field, enter the username you just created.
21. In the Password field, enter the password.
22. In the Type the characters you see in the image below field, type the catcher text as shown on the screen.
23. Click the LOGIN button.
24. The Welcome page is displayed. Click the CONTINUE button. Your Dashboard is displayed.
NOTE : Enrolment application can be filled only in English language. You can save and retrieve the application later. All the fields marked with red dot are mandatory to be filled.
Alternatively, you can then click the Dashboard > Provisional ID Enrolment command to access the Enrolment Application.
On the top of the page, there are eight tabs as Business Details, Promoter/ Partners, Authorized Signatory, Principal Place of Business, Additional Place of Business, Goods & Services, Bank Accounts and Verification. Click each tab to enter the details.
Business Details:
The Business Details tab is selected by default. This tab displays the information to be filled for the business details required for enrolment.
NOTE :
Following details are auto populated in the enrolment application based on your existing data in VAT system but you cannot edit these details:
1. 1. Legal Name of Business (as per PAN)Legal Name of Business (as per current tax Act).
PAN of the Business State Ward/Circle/Sector The Trade Name is repopulated but you can edit the same.
a. In the Trade Name field, enter the trade name of your business.
b. In the Constitution of Business dropdown list, select the type of constitution of your business.
c. In the Ward/Circle/Sector No. dropdown list, select the Ward/ Circle/ Sector number of your business.
d. Under the Please indicate existing registration section, in the Registration Type dropdown list, select the appropriate registration type.
e. In the Registration No. field, enter the registration number
f. Select the Date of Registration using the calendar.
g. Click the Add button.
h. In the Document Upload section, in the Proof of Constitution of Business dropdown list, select the appropriate document to be uploaded.
i. Click the Choose File button. Navigate and select the document.
j. Click the SAVE & CONTINUE button.
Promoter/ Partners:
This tab page displays the details of the stakeholders chosen in the Constitution of Business detail.
a. In the First Name field, enter the first name of the stakeholder.
b. In the Middle Name field, enter the middle name of the stakeholder.
c. In the Last Name field, enter the last name of the stakeholder.
d. Under the Name of Father/Husband, in the First Name field, enter the first name of the father of the stakeholder.
e. Under the Name of Father/Husband, in the Middle Name field, enter the middle name of the father of the stakeholder.
f. Under the Name of Father/Husband, in the Last Name field, enter the last name of the father of the stakeholder.
g. Select the Date of Birth of the stakeholder using the calendar.
h. In the Mobile Number field, enter the valid Indian mobile number of the stakeholder.
i. In the Email Address field, enter the valid email address of the stakeholder.
j. Select the Gender of the stakeholder.
k. In the Designation field, enter the designation of the stakeholder.
l. In the Permanent Account Number field, enter the Permanent Account Number (PAN) of the stakeholder.
m. In the Adhar Number field, enter the Adhar Number of the stakeholder.
n. In case you are a citizen of India, select Yes or else select No.
i. In case of NO, in the Passport Number field, enter the passport number of the stakeholder.
o. In the Building No. / Flat No. field, enter the building number and flat number of the residential address of the stakeholder.
p. In the Floor No. field, enter the floor number of the residential address.
q. In the Name of the Premise / Building field, enter the name of the building of the residential address.
r. In the Road / Street field, enter the road name where the residential address is located.
s. In the Locality / Village field, enter the locality or village name where the residential address is located.
t. In the State dropdown list, select the State where the residential address is located.
u. In the District dropdown list, select the city or district where the residential address is located.
v. In the PIN Code field, enter the pin code of the place where the residential address is located.
w. In the Document Upload section, click the Choose File button to add the photograph of the stakeholder. Navigate and select the document.
x. Click the SAVE & CONTINUE button.
NOTE :
In case the stakeholder whose details are entered is also the authorized signatory, select the Also authorized Signatory option.
To add more details of any other stakeholder, click the ADD NEW button.
To view the list of all the stakeholders, click the SHOW LIST button.
Authorized Signatory:
This tab page displays the details of the authorized signatory.
a. In case you are the primary Authorized Signatory, select the checkbox for Primary Authorized Signatory.
b. In the First Name field, enter the first name of the authorized signatory.
c. Under the Name of Father/Husband, in the First Name field, enter the first name of the father of the authorized signatory.
d. Under the Name of Father/Husband, in the Middle Name field, enter the middle name of the father of the authorized signatory.
e. Under the Name of Father/Husband, in the Last Name field, enter the last name of the father of the authorized signatory.
f. Select the Date of Birth of the authorized signatory using the calendar.
g. In the Mobile Number field, enter the valid Indian mobile number of the authorized signatory.
h. In the Email Address field, enter the valid email address of the authorized signatory.
i. Select the Gender of the authorized signatory.
j. In the Designation field, enter the designation of the authorized signatory.
k. In the Permanent Account Number field, enter the Permanent Account Number ?PAN? of the authorized signatory.
l. In case you are a citizen of India, select Yes or else select No.
i. In case of NO, in the Passport Number field, enter the passport number of the authorized signatory.
m. In the Adhar Number field, enter the Adhar Number of the authorized signatory.
NOTE :
If you provide your Adhar here, ?other than companies/ LLP? you can sign your returns etc. using eSign based on Adhar without requirement of Digital Signature.
n. In the Building No. / Flat No. field, enter the building number and flat number of the residential address of the authorized signatory.
o. In the Floor No. field, enter the floor number of the residential address.
p. In the Name of the Premise / Building field, enter the name of the building of the residential address.
q. In the Road / Street field, enter the road name where the residential address is located.
District dropdown list, select the city or district where the residential address is located.
u. In the PIN Code field, enter the pin code of the place where the residential address is located.
v. In the Document Upload section, in the Proof of appointment of Authorized signatory dropdown list and Upload photograph, select the appropriate document to be uploaded.
w. Click the Choose File button. Navigate and select the document.
x. In the Document Upload section, click the Choose File button to add the photograph of the stakeholder. Navigate and select the document.
y. Click the SAVE & CONTINUE button.
NOTE :
To add more details of any other authorized signatory, click the ADD NEW button.
To view the list of all the authorized signatories, click the SHOW LIST button.
Principal Place of Business:
This tab page displays the details of the principal place of business.
a. In the Building No. / Flat No. field, enter the building number and flat number of the principal place of your business.
b. In the Floor No. field, enter the floor number of the principal place of your business.
c. In the Name of the Premise / Building field, enter the name of the building of the principal place of your business.
d. In the Road / Street field, enter the road name where the principal place of your business is located.
e. In the Locality / Village field, enter the locality or village name where the principal place of your business is located.
f. In the District dropdown list, select the city or district where the principal place of your business is located.
g. In the PIN Code field, enter the pin code of the place where the principal place of your business is located.
h. In the Office Email Address field, enter the official email address used for business purpose.
i. In the Mobile Number field, enter the official Indian mobile number used for business purpose.
j. In the Office Telephone Number field, enter the official telephone number used for business purpose.
k. In the Office FAX Number field, enter the official FAX number used for business purpose.
l. In the Nature of possession of premises dropdown list, select the nature of possession of premises.
m. In the Document Upload section, in the Proof of Principal Place of Business dropdown list, select the appropriate document to be uploaded.
n. Select the checkbox for Nature of Business Activity being carried out at the premises whose details are entered here.
o. Click the SAVE & CONTINUE button.
Additional Places of Business:
This tab page displays the details of the additional places of the business. Enter the details similarly like Principal Place of Business Details provided above.
In case of Goods:
a. In the Search HSN Chapter by Name or Code field, enter the name or the HSN Code of the goods supplied by the business.
Alternatively, you can also enter the HSN Code in the Search HSN Code field.
b. Click the SAVE & CONTINUE button.
In case of Services
a. In the Search by Name or Code field, enter the name or the SAC Code of the services supplied by the business.
b. Click the SAVE & CONTINUE button.
Bank Accounts:
This tab page displays the details of the bank accounts maintained for conducting business.
a. In the Account Number field, enter the account number of the Bank.
b. In the Type of Account dropdown list, select the type of account.
c. In the Enter Bank IFSC Code field, enter the IFSC code of the Bank.
NOTE:
In case you don't know the IFSC code, click the here link to know the IFSC code.
Alternatively, you can also find the IFSC code in the cheque book or the cheque leaflet of your Bank.
d. In the Document Upload section, in the Supporting Document dropdown list, select the appropriate document to be uploaded.
e. Click the SAVE & CONTINUE button.
NOTE:
In case you want to add details of more Bank accounts, click the ADD NEW button.
To view the list of all the stakeholders, click the SHOW LIST button.
Verification:
This tab page displays the details of the verification for authentication of the details submitted in the form.
a. Select the Verification checkbox.
b. In the Authorized Signatory dropdown list, select the name of the authorized signatory
c. In the Place field, enter the place of your principal place of business.
d. After filling the enrolment application, you need to digitally sign the application using Digital Signature Certificate (DSC) or E-Signature.
NOTE:
In case, your DSC is not registered, you will need to register DSC.
e. Click the SUBMIT WITH DSC button.
Note:
To save the Enrolment Application, click the SUBMIT button.
f. Click the PROCEED button.
g. Select the certificate and click the SIGN button.
The success message is displayed. You will receive the acknowledgement in next 15 minutes on your registered email address and mobile number. Application Reference Number (ARN) receipt is sent on your email address and mobile number.
Submission of application with the details is NOT completed unless DSC is affixed.
Cancellation of GST registration can be done by-
1) a proper officer OR
2) requested by the concerned person himself *** OR
3) on an application filed by his legal heirs, in case of death of such person
However, application for cancellation of registration by the concerned person who has registered voluntarily will be only after one year from the date of registration.
When can GST get cancelled?
1. The business has been discontinued,
2. The business has been transferred fully, amalgamated, demerged or otherwise disposed -The transferee (or the new company from amalgamation/ demerger) has to get registered
3. There is any change in the constitution of the business (For example- Private limited company has changed to a public limited company)
4. The taxable person is no longer liable to be registered (For example- later laws may increase threshold of registration which is above the tax payer's turnover)
5. The registered taxable person has contravened provisions of GST
6. A person paying tax under composition levy has not furnished returns for three consecutive quarters
7. Any taxable person who has not furnished returns for a continuous period of six months
8. Any person who has taken voluntary registration and has not commenced business within six months from the date of registration. [For more on voluntary registration please read our article]
9. Any registration has been obtained by fraud the proper officer may cancel the registration with retrospective effect.
Application for Cancellation of Registration
A registered person, other than a person to whom a registration has been granted under rule 12 or a person to whom a Unique Identity Number has been granted under rule 17, seeking cancellation of his registration under sub-section (1) of section 29 shall electronically submit an application in FORM GST REG-16, including therein the details of inputs held in stock or inputs contained in semi-finished or finished goods held in stock and of capital goods held in stock on the date from which the cancellation of registration is sought, liability thereon, the details of the payment, if any, made against such liability and may furnish, along with the application, relevant documents in support thereof, at the common portal within a period of thirty days of the occurrence of the event warranting the cancellation, either directly or through a Facilitation Centre notified by the Commissioner:
Provided that no application for the cancellation of registration shall be considered in case of a taxable person, who has registered voluntarily, before the expiry of a period of one year from the effective date of registration. 21.
Registration to be Cancelled in Certain Cases
The registration granted to a person is liable to be cancelled, if the said person,-
(a) Does not conduct any business from the declared place of business; or
(b) Issues invoice or bill without supply of goods or services in violation of the provisions of this Act, or the rules made there under; or
(c) Violates the provisions of section 171 of the Act or the rules made the reunder.
Cancellation of Registration
(1) Where the proper officer has reasons to believe that the registration of a person is liable to be cancelled under section 29, he shall issue a notice to such person in FORM GST REG-17, requiring him to show cause, within a period of seven working days from the date of the service of such notice, as to why his registration shall not be cancelled.
(2) The reply to the show cause notice issued under sub-rule (1) shall be furnished in FORM REG-18 within the period specified in the said sub-rule.
(3) Where a person who has submitted an application for cancellation of his registration is no longer liable to be registered or his registration is liable to be cancelled, the proper officer shall issue an order in FORM GST REG-19, within a period of thirty days from the date of application submitted under sub-rule (1) of rule 20 or, as the case may be, the date of the reply to the show cause issued under sub-rule (1), cancel the registration, with effect from a date to be determined by him and notify the taxable person, directing him to pay arrears of any tax, interest or penalty including the amount liable to be paid under subsection (5) of section 29.
(4) Where the reply furnished under sub-rule (2) is found to be satisfactory, the proper officer shall drop the proceedings and pass an order in FORM GST REG -20. (5) The provisions of sub-rule (3) shall, mutatis mutandis, apply to the legal heirs of a deceased proprietor, as if the application had been submitted by the proprietor himself.
What will happen after cancellation?
All dues and tax liabilities prior to cancellation will still have to be paid. Such dues will not get waived off on cancellation.
On cancellation, the taxable person will have to pay tax either by-
1) Reversing the input tax credit in raw materials in stock and inputs in semi-finished/finished goods held in stock on the day immediately preceding the date of cancellation
OR
2) Paying the output tax payable on such goods,
-whichever is higher
For capital goods, the taxable person shall pay-
1) The input tax credit taken on the said capital goods reduced by a certain percentage (will be notified later)
OR
2) The tax on the transaction value of such capital goods
- whichever is higher.
Penal provisions have been prescribed for all kinds of offences (under GST) in Model GST law. The law also mentions certain principles on which these penalties should be based.
General Principles for Imposing Penalties:
1) No penalty for minor breach:
Often a person can make mistakes which may appear as fraud or an attempt to evade tax. Sometimes, these mistakes are committed unknowingly or without any malicious intention. The reason could be poor understanding of tax laws or carelessness in following procedures.
Therefore, to save innocent persons from hassles of penalties or associated processes, the model GST law has laid down some guidelines.
1) If the error in taxes is Rs. 5,000 or less, then the breach should be considered minor & no penalty should be imposed.
2) If the mistake committed by the person is easily rectifiable, then the breach should be considered minor & no penalty should be imposed.
2) Penalty should align with severity of breach
Severity of breach of law should be established by analyzing the facts & situations & penalty should be imposed accordingly.
3) Reason behind penalty should be disclosed
Model GST law asks the tax authorities to ensure that the person on whom penalty is to be imposed has been provided all the relevant information before being penalized . The concerned person should be informed why he is being penalized .
4) Lower penalty on voluntary disclosure of breach
Penal provisions of model GST law are lenient for those who voluntarily disclose the breach they committed. This will give encourage offenders to admit their wrongdoings without worrying about the repercussions. As per clause 68(5) of model GST law, a tax official may consider this action while establishing penalty. However, this provision will not be applicable in cases where the law prescribes a fixed amount or fired percentage of money as penalty as per clause 68(6) of model GST law.
Amount of Penalty as per Model GST:
Any offender who commits an offence which results in tax evasion can be punished with a penalty which is higher than the amount of tax evaded as per sec 66 (1)
If a person pays insufficient tax then he can be penalized with Rs. 10,000 or 10% of tax deficit, whichever is higher. as per section 66 (2)
Penalty for any Offence Where No Separate Penalty has been Prescribed
If a person commits any offence for which separate penalty has not been prescribed, then the quantum of penalty can go as high as Rs. 25,000 as per section 67.
Punishments as a Result of Prosecution
If the person is convicted for any offence under section 73(1), then he shall be punishable with a penalty as under the following:
Amount of Tax Evaded | Punishment |
---|---|
1. Between Rs.25 lakh and Rs.50 lakh | 1 year imprisonment + fine |
2. Between Rs.50 lakh and Rs.250 lakh | 3 years imprisonment + fine |
3. More than Rs. 250 lakh | 5 years imprisonment + fine |
Minimum Amount of Punishment as a Result of Prosecution:
In the absence of special grounds to the contrary to be recorded in a judgment of the court, the Act provides that the term of imprisonment shall not be for a period of six months.
Presumption of Guilty Mind:
When prosecuting an offender, the court shall assume that the accused had a guilty mind or the law was broken with the intention to break it. The accused shall have the liberty to prove it otherwise.
A person with multiple business verticals in a state may obtain a separate registration for each business vertical.
PAN is mandatory to apply for GST registration (except for a non-resident person who can get GST registration on the basis of other documents).
A registration which has been rejected under CGST Act/SGST Act shall also stand rejected for the purpose of SGST/CGST act.
Benefit of registering a business under GST:
Registration under Goods and Service Tax (GST) regime will confer following advantages to the business:
1) Legally recognized as supplier of goods or services.
2) 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.
3) 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.
What are the benefits of GST?
GST has been adopted by around 140 countries around the world. It's benefits are:
1) Simplified tax regime : Currently there are multiple indirect taxes (around 15) levied by the Central and the State Government and they differ across states. GST will simplify and rationalize the tax structure of India by bringing in a regime of a single and uniform tax.
2) Increased revenues : A simple tax regime will reduce the cost of compliance and hence increase the number of taxpayers. This will help increase tax revenues. Also, the tax base will be comprehensive as all goods and services will be taxed with a few exemptions.
3) Reduce the cascading effect of taxation : As mentioned earlier, GST is a uniform tax levied on value-added. Levy at each stage of sale/ purchase will be set-off against taxes paid by the supplier in the previous stage. Through this set-off mechanism, GST is levied only on value-added. To illustrate: Let's say GST is 10 %. Continuing with our earlier example, if you make a packet of chips (manufacturer) and sell it for Rs. 20, your GST should come out to be Rs 3 (10 % of Rs. 30). But, this tax is levied only on value-addition and so you'll be allowed to claim a tax credit to the value of GST already paid by the supplier in the previous stage. Let's say you bought raw materials (potatoes etc.) worth Rs. 10 for making chips. The supplier of the raw materials has already paid Re. 1 (10 % of Rs. 10) as GST. So, the chips manufacturer can claim a tax credit of Re. 1 and pay only the remaining Rs. 2 as GST. Thus, there is no cascading effect and no burden of 'tax on tax'.
4) Improve ease of doing business : Currently, doing business across state borders is very difficult due to differences in tax procedures. GST will lead to a unified economy and allow businesses to expand its operations with ease. It will also improve manufacturing in India, attract foreign investment and lead to job creation. The founder of Flipkart , Sachin Bansal has described GST as a reverse brexit moment for India.
5) Boost GDP : The economists forecast that the roll-out of GST will boost GDP by 0.5%-2%. This is because of the positive impact on tax revenues and economic effects of a unified tax regime.
6) Optimal supply chain decisions : Currently, all supply chain decisions are guided with the view to reduce the burden of indirect taxes. GST will do away with the interest rate differentials and lead to seamless movement of goods and services between states.
Resyss is a GST-ready accounting software that lets you send invoices, reconcile bank transactions, track inventory, generate reports, and file GST returns effortlessly.