Registration under GST Provision and Process, Amendment and Cancellation of registration03/12/2023 0 By indiafreenotes
Registration under the Goods and Services Tax (GST) is a crucial step for businesses operating in India. GST is a destination-based tax system that subsumed various indirect taxes, and registration under GST is mandatory for businesses meeting certain criteria. The registration process is designed to be streamlined and digitized, contributing to the ease of doing business.
The registration process under GST is a fundamental step for businesses in India to comply with the tax regulations. It facilitates the smooth functioning of the GST system by ensuring that businesses are accounted for and contribute to the indirect tax ecosystem. The online and digitized nature of the registration process reflects the government’s commitment to ease of doing business and the adoption of technology for efficient tax administration. Businesses should be diligent in providing accurate information and promptly responding to any clarifications or requests from the GST authorities during the registration process. Overall, GST registration is a critical aspect of regulatory compliance for businesses, enabling them to participate in the formal economy and avail benefits such as Input Tax Credit.
Provisions for Registration under GST:
- Mandatory Registration:
- Businesses with an aggregate turnover exceeding the prescribed threshold limit are required to register for GST.
- The threshold limit for mandatory registration varies for goods and services.
- Threshold Limits:
- For Goods:
The threshold limit for mandatory registration is ₹40 lakhs (₹20 lakhs for special category states) in a financial year.
- For Services:
The threshold limit for mandatory registration is ₹20 lakhs (₹10 lakhs for special category states) in a financial year.
- Voluntary Registration:
- Businesses with turnover below the threshold limit have the option to register voluntarily.
- Voluntary registration enables businesses to avail Input Tax Credit (ITC) and participate in the formal economy.
- Casual Taxable Person:
- A person who occasionally undertakes transactions involving the supply of goods and/or services in a taxable territory but does not have a fixed place of business is considered a casual taxable person.
- Casual taxable persons are required to register under GST irrespective of their turnover.
- Non-Resident Taxable Person:
- Non-resident taxable persons who occasionally undertake transactions in India are required to obtain GST registration.
- This provision is applicable to foreign businesses and individuals who do not have a fixed place of business in India.
- Special Category States:
States and Union Territories with special status may have different threshold limits for mandatory registration.
Registration Process under GST:
- Online Application:
- The registration process is entirely online through the GST portal (https://www.gst.gov.in/).
- The applicant needs to submit the required details and documents electronically.
Pre-requisites for Registration:
Before initiating the registration process, businesses should have a valid PAN (Permanent Account Number), a valid email address, and a mobile number.
- The applicant needs to access the GST portal and navigate to the “Services” tab.
- Under “Services,” click on “Registration” and then select “New Registration.”
- Fill in the required details in the GST REG-01 form, including the type of taxpayer, state of business, legal name, PAN, email, and mobile number.
Verification through OTP:
- After submitting the initial details, an OTP (One Time Password) is sent to the mobile number and email address provided for verification.
- The applicant needs to enter the OTP to proceed.
- Once verified, the applicant needs to fill in the remaining details in the GST REG-01 form, including business details, bank account details, and information about promoters, partners, or directors.
- Relevant documents, such as proof of business, address proof, and identity proof of promoters, need to be uploaded.
- Upon successful submission of the application, an Application Reference Number (ARN) is generated.
- The ARN is used to track the status of the application.
Verification by Authorities:
The submitted application is verified by the GST authorities. The verification process may include scrutiny of documents and details provided by the applicant.
Clarifications and Additional Information:
If there are discrepancies or additional information is required, the applicant may receive a notice or clarification request from the authorities.
Approval or Rejection:
- Based on the verification, the authorities may approve the application, and the GST registration certificate is issued.
- In case of rejection, the applicant is informed of the reasons for rejection.
- Issuance of GSTIN:
- Upon approval, the applicant receives a unique Goods and Services Tax Identification Number (GSTIN).
- The GSTIN is a 15-digit alphanumeric code that serves as a unique identifier for the registered taxpayer.
- Display of GSTIN:
Once registered, the business needs to prominently display its GSTIN on invoices, websites, and other relevant documents.
Documents Required for GST Registration:
The specific documents required for GST registration may vary based on the type of business entity. However, common documents:
- PAN of the Applicant
- Proof of Constitution of Business (Partnership Deed, Certificate of Incorporation, etc.)
- Identity and Address Proof of Promoters/Partners/Directors
- Address Proof of Principal Place of Business
- Bank Account Details
- Digital Signature (for Companies and LLPs)
- Authorization Form (in case of authorized signatory)
Amendment and Cancellation of GST registration
Amendment and cancellation of Goods and Services Tax (GST) registration are essential processes that businesses may need to undertake due to various reasons. Amendments may be necessary to update or modify information provided during the registration process, while cancellation may be required when a business ceases its operations or undergoes significant changes.
Amendment and cancellation of GST registration are crucial processes that businesses may need to undertake due to changes in their operations or circumstances. It is essential for businesses to adhere to the prescribed procedures and provide accurate information during the amendment or cancellation process. Timely and accurate communication with the GST authorities ensures a smooth transition and compliance with the regulatory requirements. Additionally, businesses should be aware of the specific reasons for amendment or cancellation and follow the relevant guidelines to facilitate the process and avoid any potential penalties or legal consequences.
Amendment of GST Registration:
Reasons for Amendment:
- Change in business details (e.g., address, contact details, legal name).
- Changes in the particulars of promoters, partners, or directors.
- Alteration in the nature of the business.
- Changes in bank account details.
- Modification of authorized signatories.
- Inclusion or removal of partners or directors.
- Changes in business operations impacting the tax liability.
Procedure for Amendment:
- Access the GST Portal:
Log in to the GST portal using valid credentials (username and password).
- Navigate to the Amendment Section:
Go to the “Services” tab and click on “Amendment of Registration Non-Core Fields.”
- Select the Appropriate Amendment:
Choose the type of amendment required based on the changes to be made (e.g., change in business details, authorized signatory, etc.).
- Fill in the Details:
Provide the necessary details in the online form. Ensure that accurate information is entered.
- Upload Supporting Documents:
Upload relevant supporting documents, such as updated address proof or revised partnership deed, depending on the nature of the amendment.
- Submit the Amendment Application:
After filling in the details and uploading documents, submit the application.
- Verification and Approval:
- The GST authorities will verify the amendment application. If additional information is required, the applicant may receive a notice.
- Once verified, the authorities will either approve the amendment or request further clarifications.
- Approval and Updated Certificate:
- If approved, the updated GST registration certificate with the amended details will be issued to the applicant.
- The applicant can download the updated certificate from the GST portal.
Cancellation of GST Registration:
Reasons for Cancellation:
- Closure of the business.
- Transfer of the business to another entity.
- Change in the constitution of the business (e.g., merger or demerger).
- The business is no longer liable to be registered under GST (fall below the threshold limit).
Procedure for Cancellation:
- Access the GST Portal:
Log in to the GST portal using valid credentials.
- Navigate to the Cancellation Section:
Go to the “Services” tab and click on “Application for Cancellation of Registration.”
- Fill in the Cancellation Form:
Provide the required details in the cancellation form. Specify the reason for cancellation.
- Verification and Acknowledgment:
- The GST authorities will verify the cancellation application. If additional information is needed, the applicant may be notified.
- Once verified, an acknowledgment in Form GST REG-16 will be issued.
- Show Cause Notice (if applicable):
In some cases, the authorities may issue a show cause notice before approving the cancellation, seeking clarifications on the reasons for cancellation.
- Response to Show Cause Notice (if issued):
If a show cause notice is issued, the applicant needs to respond within the stipulated time, providing the necessary clarifications.
- Cancellation Order:
Upon verification and satisfaction, the GST authorities will issue an order for the cancellation of registration in Form GST REG-19.
- Cancellation Certificate:
A cancellation certificate in Form GST REG-06 will be issued to the applicant once the cancellation is effective.
Points to Note:
- Filing Pending Returns:
Businesses should ensure that all pending GST returns are filed before applying for cancellation.
- Clearing Dues:
Any outstanding tax liabilities or dues should be cleared before applying for cancellation.
- Informing Recipients:
Businesses are required to inform their recipients about the cancellation and issue credit or debit notes as necessary.
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