Taxable person
- 1. TAXABLE PERSON CA. ANKITA GARG E-Mail: [email protected] M:- 91-9999466272 W:- www.taxconsultantindia.in
- 2. Who is a Taxable Person? Sec.2(107):Taxable Person means a person who is registered or liable to be registered under Section 22 or Section 24 It will cover all types of person carrying on business activities i.e. manufacturer, job worker, trader , exporter , all types of service providers 5/13/2017 PERSON REGISTERED-CAN BE VOLUNTARY REGISTRATION LIABLE TO BE REGISTERED
- 3. Entry of businesses in to the arena of GST is inevitably with the Registration Process under GST Without the Registration ‘Supplier of Goods and Services can not be legally recognized under GST Law and business community. Can claim the benefit of ITC paid on the purchases which would ,otherwise , form part of his cost 5/13/2017 Consequences of Purchases from unregistered person by a registered person:- ITC as Cost Reverse charge Responsibility with the recipient for the compliances like invoice, etc.
- 4. 5/13/2017 LIABLE TO BE REGISTERED BASED ON THRESHOLD SEC.22 IRRESPECTIVE OF THRESHOLD SEC.24
- 5. Inter-state taxable supply Casual & Non- resident taxable persons Person liable under Reverse charge Person deducting TDS u/s 51 E-commerce operator – TCS & person supply goods through them E-com operator AgentISD Person supplying Online information & database access or retrieval service from outside India Other notified person COMPULSORY REGISTRATION
- 6. SEC.22 Any business whose Aggregate Turnover in a Financial year exceeds Rs 20 lakhs (Rs 10 lakhs for special category of states)is liable to be registered in the state from where he makes a taxable supply Special Category states clause (g) of clause (4) of Article 279A – Arunachal Pradesh, Assam, Mizoram , Sikkim….. EXCEPT Any person engaged exclusively in the either non taxable or wholly exempt supply An agriculturist 5/13/2017 Sec.23 Aggregate Turnover – Aggregate value of all taxable supplies, exempt supplies, exports of goods or services or both and inter- state supplies of persons having the same PAN number , to be computed on all India basis but excludes the taxes levied in GST
- 7. 1. M/s ABC limited is having units in following states Delhi Andhra Pradesh Punjab In the above situation M/s ABC Limited is required to obtain registration in all the three states. 2. In the above example, if Delhi is making a supply of taxable goods and Punjab is making a supply of exempted goods only, registration will have to be obtained in Delhi only. 3. A manufacturer has Two factories in Gujarat and sale office in 5 states (including Gujarat). It also has centralized service tax registration at Gujrat. What would be difference in registration requirements under GST? Total Present Registration: 2 (excise) + 5 (VAT) + 1 (Service Tax) = 8 Registration under GST: 5 (5 -In each state) 5/13/2017
- 8. (a) where a supply is made from a place of business for which registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained, that is to say, a fixed establishment elsewhere, the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and (d) in absence of such places, the location of the usual place of residence of the supplier Location of Supplier - Service
- 9. Place of Business Sec.2(85):- (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, provides or receives goods and/or services; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; Fixed Establishment ( Sec.2(50):- a place, other than the place of business, which is characterised by a sufficient degree of permanence and Suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; Importa nt Concepts
- 10. Every person who is registered under an earlier law ( VAT, Excise) Every transferee or the successor in case the business has been transferred on account of succession or demerger 5/13/2017
- 11. Persons making inter-state taxable supply Persons required to pay tax under reverse charge Casual taxable persons making taxable supply Non resident taxable person making taxable supply 5/13/2017 Non Resident taxable person- A Person who occassionally undertakes transactions involving supply whether as principal or agent but has no fixed place of Business or Residence in India
- 12. persons who are required to deduct tax under section 51 persons who supply goods or services or both on behalf of other taxable persons whether as an agent or otherwise input service distributor , whether or not separately registered "Input Service Distributor" means an office of the supplier which receives tax invoices issued under section 31 towards receipt of input services and issues a prescribed document for the purposes of distributing the credit of CGST ,SGST (UTGST in case UT’s) or IGST paid on the said services to a supplier of taxable goods and / or services having same PAN as that of the office referred to above; Separate registration to be taken as Input Service Distributor Credit of only input service to be distributed 5/13/2017
- 13. Persons required to pay tax under section 9(5) persons who supply goods or services or both, other than specified under Sec.9(5), through electronic commerce operator, every electronic commerce operator, Every person supplying online information and data base access or retrieval services from a place outside India to a person in India such other person or class of persons as may be notified 5/13/2017
- 14. PAN based Registration: PAN will be mandatory except in case of Non-Resident taxable person Unified application to both tax authorities State-wise registration for entities having presence in more than one State Need not apply separately for each State Within a PAN, separate registration for separate business verticals within a State possible Example M/s ABC Limited has business of Manufacture of Shoes (Naraina-Delhi) Trade of LED Bulbs ( Chandni Chowk-Delhi) In the above situation, M/s ABC Limited has the following option:- One single registration for both the units Separate registration for each line of business 5/13/2017
- 15. In case of voluntary registration- all the provisions of the Act shall apply A person who has obtained registration in more than one state shall be treated as a distinct person in respect of each such registration Suo moto registration by proper officer of a person who is liable for registration but fails to get registered 5/13/2017
- 16. Application to b e made by Within-Time limit Taxable person Within 30 days of becoming liable Casual Taxable person 5 Days ahead Non-Resident Taxable person 5 Days ahead 5/13/2017
- 17. SL No Form No Title of the Form 1 GST-REG-01 Application for registration 2 GST-REG-02 Acknowledgement 3 GST-REG-03 Notice Seeking Additional information/ clarification/ documents relating to application for registration / amendment / cancellation 4 GST-REG-04 Application for filing information for registration/amendment/cancellation/ revocation- cancellation 5 GST-REG-05 Order of rejection of Application 6 GST-REG-06 Registration Certificate issued FORMS-REGISTRATION
- 18. SL No Form No Title of the Form 7 GST-REG-07 Application for Registration of Tax Deductor / Tax Collected at source 8 GST-REG-08 Order of cancellation of registration as Tax deductor or Tax collector at source 9 GST-REG-9 Application for Registration of Non-Resident Taxable Person 10 GST-REG-9A Application for person supplying online information and data base access or retrieval services 10 GST-REG-10 Application for extension of registration 11 GST-REG-11 Order for temporary Registration/ Suo Moto registration by Proper officer FORMS-REGISTRATION
- 19. SL No Form No Title of the Form 12 GST-REG-12 Application for allotment of Unique ID to UN bodies / Embassies / any other person 13 GST-REG-13 Application for amendment of registration 14 GST-REG-14 Order for approval of amendment 15 GST-REG-15 Application for cancellation 16 GST-REG-16 Show cause notice for cancellation 17 GST-REG-17 Reply by Registered person of SCN 18 GST-REG-18 Order of cancellation of registration on application filed by registered person 19 GST-REG-19 Order of cancellation 20 GST-REG-20 Application for revocation of cancellation FORMS-REGISTRATION
- 20. SL No Form No Title of the Form 21 GST-REG-21 Order of revocation of cancellation 22 GST-REG-22 SCN to applicant before passing the order of revocation of cancellation 23 GST-REG-23 Reply by applicant towards REG-22 24 GST-REG-24 Application by persons who have been granted provisional registration 25 GST-REG-25 Provisional Registration 26 GST-REG-26 Order of Cancellation of Provisional registration 27 GST-REG-27 SCN before issuing Order of Cancellation of provisional registration 28 GST-REG-28 Application by existing registered persons for cancellation of registration FORMS-REGISTRATION