GST Registration is the most fundamental requirement for identification of Taxpayer. Under GST Regime, without registration a person can neither collect tax from customers nor can he claim Input Tax Credit (ITC) of the tax paid by him on purchase.
Registration under GST is not Tax specific, which means there is single registration for all taxes i.e. CGST, SGST, IGST, UTGST and Cesses. However, registration is to be taken state wise, there is no central registration.
Person Liable for Registration
Based on latest GST amendment, following persons are liable to get register under Goods and Service Tax:
Annual Turnover limit;
· Person engaged in providing taxable supply of services requires GST registration if the aggregate turnover or sales of a person exceeds Rs. 20 Lakhs. In case of Special Category i.e in states of Manipur, Mizoram, Tripura & Nagaland limit is Rs. 10 lakhs.
· If the person is exclusively engaged in the supply of goods, then the limit for registration is Rs. 40 lakhs. In case of Special Category i.e in states of Manipur, Mizoram, Tripura & Nagaland limit is Rs. 20 lakhs.
Compulsory registration under GST irrespective of Turnover;
· Every person running his business through E-commerce platform.
· Person running E-commerce platforms (E-commerce operators).
· Person liable to pay tax under Reverse Charge Mechanism
· Every person who was registered under existing laws such as Service Act or VAT or Central Excise Act is liable to get register under new GST regime.
· Person making Inter-State supply of goods and services irrespective of amount.
· Casual Taxable Person/ Non-Resident Taxable Person:
This means a person who occasionally undertakes a business in a State or Union Territory where he has no fixed place of business needs to get himself register under GST regime to conduct business in a different State or Union Territory.
· Person who are required to deduct tax under section 51 whether separately registered under this Act or not.
· Persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise.
· Input Service Distributor
· Persons who supply goods or services or both, other than on behalf of other taxable persons whether as an agent or otherwise.
· Every Electronic Commerce Operator who is required who is required to collect tax under section 52 of the Act.
· Every person supplying Online Information and Database Access or Retrieval (OIDAR) services.
The grant of registration or the Unique Identity Number under the State Goods and Services Act or the Union Territory Goods and Services Tax Act shall be deemed to be grant of registration under this Act subject to the condition that the application for registration or the UIN has not been rejected under this Act within the time specified.
In case any application for registration or UIN is rejected in specified time under SGST Act or UTGST Act, shall be deemed to be a rejection of application for registration under this Act.
Cancellation of Registration
In the following cases Proper Officer can cancel the registration of a Taxpayer if he believes that;
1. The business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal entity, demerged or otherwise disposed of; Or
2. There is any change in the constitution of the business; Or
3. A person paying tax under Composition Scheme has not furnished returns for three consecutive tax periods; Or
4. Any registered person, other than composition dealer has not furnished returns for continuous period of six months; Or
5. Any person who has commenced business within six months from date of registration; or
6. If the registration has been obtained by means of fraud, wilful misstatement or suppression of facts; Or
7. A registered person has contravened any provisions of the Act or rules made thereunder.
· Cancellation of Registration will not affect tax and dues liability of the registered person.
· Cancellation of Registration under SGST/UTGST Act deemed to be cancellation under CGST Act.
Revocation of Cancellation of Registration
If Proper Officer has cancelled the registration of a person then that person can make an application for revocation of cancellation of registration. The application for restoration of registration to be made within 30 days from Service Cancellation Order to proper officer.
Then Proper Officer may by order either revoke cancellation of the registration or reject application. But applicant must be given opportunity of being heard.
If a person is engaged in supply of goods and services must get register under GST Act to claim Input Tax Credit (ITC) and apart from this person who’s registered under the act become eligible to other incidental benefits.