GST Registration

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What is GST

What is GST?

GST stands for Goods and Services Tax. It is an indirect tax levied on the supply of goods and services in many countries around the world. The concept of GST is based on the principle of value-added taxation, where tax is applied at each stage of the supply chain, from the manufacturer or service provider to the final consumer.

GST is designed to replace multiple indirect taxes, such as excise duty, service tax, value-added tax (VAT), and others, with a single, comprehensive tax. It aims to streamline the taxation process, eliminate the cascading effect of taxes, and create a more efficient and transparent tax system.

Applicability of GST Registration

GST registration is applicable to various entities and individuals involved in the supply of goods or services. Here are the key categories of entities that need to register for GST.

Businesses with Turnover:

The minimum threshold limit for GST (Goods and Services Tax) registration in India depends on the type of business and its location.

For businesses operating in most states, the threshold limit for GST registration is an annual turnover of Rs. 40 lakhs (for the supply of goods) and Rs. 20 lakhs (for the supply of services).

However, for businesses operating in special category states such as Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Tripura, and Sikkim, the threshold limit for GST registration is an annual turnover of Rs. 20 lakhs (for the supply of goods) and Rs. 10 lakhs (for the supply of services).

Interstate Suppliers:

Businesses involved in the supply of goods or services across state borders, irrespective of their turnover, need to register for GST. Interstate suppliers are required to obtain a unique Goods and Services Tax Identification Number (GSTIN) for compliance.

E-commerce Operators and Aggregators:

E-commerce platforms that facilitate the supply of goods or services need to register for GST, regardless of their turnover. This includes online marketplaces, online service providers, and other electronic platforms.

Casual Taxable Persons:

Individuals or businesses engaged in occasional taxable activities in a given territory are categorized as casual taxable persons. They are required to register for GST for the specific period of their activity.

Non-Resident Taxable Persons:

Non-resident individuals or businesses supplying goods or services in a particular country need to register for GST. Non-resident taxable persons may have different compliance requirements and procedures.

Input Service Distributors (ISD):

Entities that distribute input tax credit to their branches or units need to register as Input Service Distributors. ISD registration allows them to distribute and avail input tax credit under GST.

Reverse Charge Mechanism (RCM) Recipients:

Certain supplies under the reverse charge mechanism require the recipient of goods or services to pay the GST. In such cases, the recipient needs to register for GST and comply with the reverse charge provisions.

Benefits of GST Registration

GST registration offers several benefits to businesses. Here are some key advantages:

Legally Compliant:

GST registration ensures compliance with the tax laws of the country. It helps businesses avoid penalties and legal issues related to non-compliance.

Input Tax Credit (ITC):

Registered businesses can claim input tax credit for the GST paid on their purchases. This reduces the overall tax liability as businesses can offset the GST paid on inputs against the GST collected on outputs.

Increased Market Reach:

GST registration enables businesses to expand their market reach by selling their products or services across states or even internationally. It eliminates the barriers created by multiple state taxes and fosters a unified national market.

Competitive Edge:

Registered businesses gain a competitive advantage over unregistered businesses. Many buyers prefer to deal with registered vendors as they can claim input tax credit, which reduces the cost for them.

E-commerce Platforms:

GST registration is mandatory for businesses selling goods or services through e-commerce platforms. Registering for GST allows businesses to reach a wider customer base through online marketplaces.

Legal Protection:

GST registration provides legal protection to businesses. They can issue valid tax invoices to customers, which strengthens their legal standing in case of any disputes or legal proceedings.

Government Contracts:

GST registration is often a prerequisite for participating in government tenders and contracts. Many government agencies require suppliers to be GST registered to ensure compliance with tax laws.

Access to Input Services:

GST registration allows businesses to access input services such as input tax credit, e-way bills, and other benefits provided under the GST regime. This facilitates smoother business operations and reduces logistics and compliance-related challenges.

Business Expansion:

GST registration opens up opportunities for business expansion. It allows businesses to establish branches or offices in different states without facing the complexities of multiple state taxes.

Easy Compliance:

GST has simplified the tax compliance process by introducing a unified tax system. GST returns can be filed online, reducing the paperwork and easing the compliance burden for businesses.

Improved Supply Chain Efficiency:

GST eliminates the cascading effect of taxes by allowing input tax credit. This improves the efficiency of the supply chain as businesses can pass on the benefits of reduced taxes to consumers.

Transparency and Accountability:

GST registration promotes transparency and accountability in business transactions. It requires proper record-keeping and compliance with tax regulations, leading to a more transparent business environment.

What Documents are Required for GST Registration?

Category of Person Documents/Details Required for GST Registration

Individual/Sole Proprietor

  • Copy of PAN Card
  • Copy of Aadhaar Card
  • Photograph of the owner
  • Email and Mobile no
  • Business Address Proof
  • Bank Details

Partnership Firm

  • Partnership Deed
  • Copy of Pan Card of All Partners
  • Copy of Adhar Card of all partners
  • Photograph of All partners
  • Bank Account Details
  • Address proof of principal place of business
  • Email id and Mobile No of Authorised Signatory

Company/LLP

  • Copy of PAN CARD
  • Registration Certificate
  • MOA and AOA
  • PAN CARD and Aadhaar Card of All Directors
  • Board resolution appointing authorized signatory
  • Bank account details
  • Address proof of the business
  • Email and mobile number
documents

What are the Modes of GST in India?

In India, there are four main components or modes of Goods and Services Tax (GST) administration: -

01

Central Goods and Services Tax (CGST):

CGST is the component of GST that is levied by the Central Government on the intra-state supply of goods and services. It is governed by the Central Goods and Services Tax Act, 2017. The revenue collected under CGST remains with the Central Government.

02

State Goods and Services Tax (SGST):

SGST is the component of GST that is levied by the State Government on the intra-state supply of goods and services. Each state has its own SGST legislation, and the revenue collected under SGST remains with the respective state government.

03

Integrated Goods and Services Tax (IGST):

IGST is applicable to the inter-state supply of goods and services, as well as imports and exports. It is levied and administered by the Central Government. The revenue collected under IGST is shared between the Central Government and the destination state (where the goods or services are consumed).

04

Union Territory Goods and Services Tax (UTGST):

it is applicable to the intra-union territory supply of goods and services in the Union Territories of India. The revenue collected under UTGST remains with the respective union territory government.

Structure of Slab Under GST:

Under the Goods and Services Tax (GST) structure in India, there are currently four main tax slabs and an additional cess applicable to certain goods. Tax slabs are as follows: -

01

0% (Nil Rate):

This slab includes essential goods and services that are exempt from GST. Some examples of goods and services falling under this category are fresh fruits and vegetables, milk, eggs, healthcare services, education services, and certain financial services.

02

5%:

This slab applies to items of mass consumption and includes essential goods such as packaged food items, footwear priced below a certain threshold, and some transportation services like rail and economy class air travel.

03

12% and 18%:

These slabs cover a wide range of goods and services. The 12% slab includes items such as processed food, apparel below a certain price threshold, and some financial services. The 18% slab covers goods and services such as most FMCG products, smartphones, hotels with room rates above a certain threshold, and certain types of financial services.

04

28%:

This slab includes goods and services that are considered luxury or demerit items. Examples of goods falling under this category are luxury cars, high-end motorcycles, tobacco products, and aerated beverages. Some services, such as 5-star hotel accommodations and gambling, also fall under this slab.

What is GST Return?

A GST return is a document that businesses file to report their sales, purchases, and tax liabilities. It includes details of the tax collected on sales (output tax) and the tax paid on purchases (input tax). By filing GST returns, businesses fulfill their obligation to pay the tax liability to the government.

Types of GST Returns

There are several types of GST returns that businesses may be required to file, depending on the country and the nature of their business activities. Here are some common types of GST returns:-

  • GSTR-1: This return captures the details of outward supplies made by businesses. It includes information on sales made to registered taxpayers, sales made to unregistered taxpayers, exports, and revised invoices, if any.
  • GSTR-3B: This is a summary return that provides a summary of outward supplies, input tax credit availed, and tax liability for a specific tax period. It is usually filed on a monthly basis.
  • GSTR-2A: This return is an auto-generated statement that reflects the inward supplies of goods and services based on the information furnished by the suppliers in their GSTR-1 returns. It helps businesses reconcile their purchase data with the data reported by their suppliers.
  • GSTR-9: This return is an annual return that provides a comprehensive summary of all the transactions made during the financial year. It includes details of outward supplies, inward supplies, input tax credit availed, and tax paid.
  • GSTR-4: This return is specifically designed for composition scheme taxpayers. It enables them to declare the summary of their quarterly sales and pay the tax liability at a fixed rate.
  • GSTR-6: This return is filed by Input Service Distributors (ISDs) to report the details of input tax credit received and distributed to their branches or units.

Frequently ask question

What is GST?

GST stands for Goods and Services Tax. It is a consumption-based tax levied on the supply of goods and services in many countries. It replaces multiple indirect taxes and aims to streamline the taxation system.

Who needs to register for GST?

Businesses with an annual turnover exceeding a specified threshold (currently INR 20 lakhs for most states) are required to register for GST. However, for businesses in the northeastern states and certain special category states, the threshold is INR 10 lakhs.

How often do I need to file GST returns?

Regular taxpayers are required to file monthly GST returns in India. Additionally, an annual return must be filed at the end of each financial year.

What are the different types of GST returns?

In India, some common types of GST returns include GSTR-1 (for outward supplies), GSTR-3B (monthly summary return), GSTR-2A (auto-generated inward supplies return), and GSTR-9 (annual return). There are other specialized returns for composition scheme taxpayers, input service distributors, etc.

What is input tax credit (ITC) under GST?

Input tax credit allows businesses to claim credit for the GST paid on their purchases. This credit can be utilized to offset the tax liability on subsequent supplies. However, certain conditions and restrictions apply.

Are there different tax rates under GST?

Yes, GST in India has multiple tax rates. The main tax rates are 5%, 12%, 18%, and 28%. Additionally, there are special rates for specific goods and services, as well as a zero tax rate on certain essential goods.

What are the penalties for non-compliance with GST in India?

Non-compliance with GST regulations can lead to penalties, fines, interest on unpaid tax amounts, and even prosecution in severe cases. It is important to comply with GST provisions and file returns on time.

Can I amend my GST returns if I make a mistakes?

Yes, the GST law allows for the amendment of GST returns if any errors or omissions are identified. Amendments can be made within a specified time frame and through the appropriate process.

What is the GST Council in India?

The GST Council is a constitutional body in India that consists of representatives from the central and state governments. It is responsible for making decisions on various aspects of GST, including tax rates, exemptions, and procedural changes.

How can I access and file GST returns?

GST returns can be filed online through the Goods and Services Tax Network (GSTN) portal. Businesses need to register on the portal, maintain proper records, and use the required software for GST compliance.

How Mylegalbusiness.com can help us in GST Registration and Compliances?

Mylegalbusiness.com can help you with GST registration and compliances. Our experienced team of chartered accountants and tax advocates can assist you in the registration process, filing GST returns accurately, ensuring compliance with GST laws, providing expert advice, and offering tax planning strategies. Contact us today for personalized assistance and reliable services.