REGISTRATION PROVISIONS UNDER GST DISCUSSION ON PRACTICAL ISSUES RELATED TO REGISTARTION AND MIGRATION UNDER GST BY NIRC OF ICSI DATE-01 MAR 2017 Ashu Dalmia FCA, DISA, CISA, ICAI Certified-FAFD,ICAI-Certified Arbitrator, Special Auditor u/s 72A of the finance Act 1994 (office of the Commissioner, Service, Tax Audit-II Delhi) Partner Ashu Dalmia & Associates Mob:- +91-9810893243 Email: ashu.dalmia@ada.org.in Web:- www.gstindia.biz www.ada.org.in www.ada.org.in/gstindia.biz

PROVISIONS OF REGISTRATION UNDER GST-CHAPTER VI OF MGL www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

Section 18(1) & (2) of Chapter V Basic Provisions for Registration Section 23 Special provisions relating to casual taxable person and non resident taxable person Section 24 Amendment of Registration Section 25 Cancellation of Registration Section 26 Revocation of cancellation of Registration Section 27 Persons Liable to be Registered Schedule V Restriction on use of ITC for new Registration Section 18(1) & (2) of Chapter V www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

MANDATORTY REGISTRATION –SCHEDULE V of MGL VOLUNTARY REGISTRATION WAYS OF REGISTRATION MANDATORTY REGISTRATION –SCHEDULE V of MGL VOLUNTARY REGISTRATION CASUAL /NON RESIDENT TAXABLE PERSON www.ada.org.in/gstindia.biz

Mandatory Registration Registration liability arising from schedule V of the MGL Registration to be taken each state Registration to applied with in 30 days of becoming taxable person www.ada.org.in/gstindia.biz

IMPACT IF REGISTRATION NOT APPLIED WITH IN 30 DAYS Registration will be effective from the date of grant of registration. Credit available only after date of Registration. Loss of credit of inputs before the date of becoming taxable person. Taxable invoices can not be issued for the intermediate period. www.ada.org.in/gstindia.biz

Schedule V –Mandatory to take registration Where to take registration (Fresh registration) -In every state -From where -The supplier -Is making the taxable supply -and aggregate turnover exceeds Rs.20 Lacs for normal states -Rs.10 lacs in special category states and - states covered in Article 279A (4) (g) States are Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand. www.ada.org.in/gstindia.biz

Can multiple registration be taken in a state? Optional -In case of multiple business verticals in a state What is business vertical: As per Section 2(18) of CGST/SGST Act 2016, “Business vertical” means a distinguishable component of an enterprise that is engaged in supplying an individual product or service or a group of related products or services and that is subject to risks and returns that are different from those of other business verticals; Explanation: Factors that should be considered in determining whether products or services are related include: the nature of the products or services; the nature of the production processes; the type or class of customers for the products or services; the methods used to distribute the products or provide the services; and if applicable, the nature of the regulatory environment, for example, banking, insurance, or public utilities. www.ada.org.in/gstindia.biz

Aggregate turnover includes: -taxable supply -exempt supplies -export of Goods and/or services -inter state supplies of a person having same PAN to be computed on all India basis -excludes taxes paid under GST and -Supplies on which tax has been paid under reverse charge. Exempt Supply Includes: not taxable under this Act Supply of nil rated Exempted u/s 11 of the MGL Aggregate turnover-section 2(6) of MGL Exempt Supply-Section 2(44) of MGL www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

Threshold limit will also include: Supplies made by a person on behalf of his principals will also be considered for threshold limit of agent. Supply of goods by a registered job worker shall be included in turnover of principal. www.ada.org.in/gstindia.biz

Mandatory registration without any threshold limit Persons making inter-state taxable supply Casual taxable persons Persons covered in reverse charge Persons who are required to pay tax u/s 8(4) Non-resident taxable persons Person required to deduct TDS Person required to collect TCS Agent ISD Person supplying through Ecommerce operator in case operator not covered u/8(4) Every electronic commerce operator ODAR operator www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

Tax liability u/s 8(4) of MGL categories of services the tax on which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the person liable for paying the tax in relation to the supply of such services. PROVIDED that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax. PROVIDED FURTHER that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax www.ada.org.in/gstindia.biz

Non Resident Taxable Person Casual Taxable Person occasionally undertakes transactions involving supply of goods and/or services in the course or furtherance of business whether as principal, agent or in any other capacity, in a taxable territory where he has no fixed place of business. Non Resident Taxable Person occasionally undertakes transactions involving supply of goods and/or services whether as principal, agent or in any other capacity, has no fixed place of business in India. Casual Taxable Person-section 2(20) of MGL Non Resident Taxable person-section 2(68) of MGL www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

Registration of Casual and No resident Taxable Person Registration before 5 days of starting activities Initial registration for maximum 90 days which is further extendable to 90 days Advance deposit of tax which will be credited in cash ledger www.ada.org.in/gstindia.biz

WHY Voluntary Registration Section 18(2) A person who take registration u/s 23(3) will be eligible for input tax in respect of inputs held in respect of Stock Semi finished stock Finished stock On the day immediately preceding the date of grant of registration. Section 18 (1) A person who has applied for registration under the Act within thirty days from the date on which he becomes liable to registration and has been granted such registration shall, subject to such conditions and restrictions as may be prescribed, be entitled to take credit of input tax in respect of inputs held in stock inputs contained in semi finished Goods inputs contained in finished goods held in stock on the day immediately preceding the date from which he becomes liable to pay tax under the provisions of this Act. www.ada.org.in/gstindia.biz

WHICH FORM TO BE USED www.ada.org.in/gstindia.biz

FLOW OF REGISTRATION Reject in FORM GSTREG-05 Application in FORM GSTREG-01 ACKNOWLEDGEMENT in FORM GSTREG-02 Information in FORM GSTREG-03 Within 3 days Reply in FORM GSTREG-04 Within 7 days Reject in FORM GSTREG-05 Or Registration in FORM GST REG-06 www.ada.org.in/gstindia.biz www.ada.org.in/gstindia.biz

Amendment to Registration Online Application to the proper Officer www.ada.org.in/gstindia.biz

Cancellation of Registration By own motion Where the taxpayer has contravened such provisions of the Act as may be prescribed. Person paying tax u/s 8 has not file returns for three consecutive tax periods. Person other than above has not filed the returns for consecutive six months. Any person who has taken voluntary registration has not commenced business within six months from the date of registration. www.ada.org.in/gstindia.biz

Cancellation of Registration On an application filed by registered taxable person i. Where the business has been discontinued ii. Transferred iii. There is a change in constitution of business iv. The person liable to be registered in schedule III is no longer liable to be registered. On an application filed by legal heirs in case of death of such person www.ada.org.in/gstindia.biz

List of Forms related to registration S.No. Form Number Description 1 REG-01 Application for Registration u/s 19(1) GST Act, 2016 2 REG-02 Acknowledgement 3 REG-03 Notice for Seeking Additional Information relating to Registration / Amendments / Cancellation 4 REG-04 Application for filing clarification Registration / Amendment / Cancellation / Revocation of Cancellation 5 REG-05 Order of Rejection of Application for Registration / Amendment / Cancellation / Revocation of Cancellation 6 REG-06 Registration Certificate issued u/s 19(8A) of the GST Act, 20 7 REG-07 Application for Registration as TDS or TCS u/s 19(1) of the GST Act, 20 8 REG-08 Order of Cancellation of Application for Registration as TDS /TCS u/s 21 of the GST Act www.ada.org.in/gstindia.biz

List of Forms related to registration S.No. Form Number Description 9 REG-09 Application for Allotment of Unique ID to UN Bodies/ Embassies /any other person u/s 19(6) of the GST Act 10 REG-10 Application for Registration for Non Resident Taxable Person. 11 REG-11 Application for Amendment in Particulars subsequent to Registration 12 REG-12 Order of Amendment of existing Registration 13 REG-13 Order of Allotment of Temporary Registration/ Suo Moto Registration 14 REG-14 Application for Cancellation of Registration under GST 20 15 REG-15 Show Cause Notice for Cancellation of Registration 16 REG-16 Order for Cancellation of Registration www.ada.org.in/gstindia.biz

List of Forms related to registration S.No. Form Number Description 17 REG-17 Application for Revocation of Cancelled Registration under GST 20 18 REG-18 Order for Approval of Application for Revocation of Cancelled Registration 19 REG-19 Notice for Seeking Clarification / Documents relating to Application for Revocation of Cancellation 20 REG-20 Application for Enrolment of Existing Taxpayer 21 REG-21 Provisional Registration Certificate to existing taxpayer 22 REG-22 Order of cancellation of provisional certificate 23 REG-23 Intimation of discrepancies in Application for Enrolment of existing taxpayer 24 REG-24 Application for Cancellation of Registration for the Migrated Taxpayers not liable for registration under GST 20 www.ada.org.in/gstindia.biz

List of Forms related to registration S.No. Form Number Description 25 REG-25 Application for extension of registration period by Casual / Non-Resident taxable person. 26 REG-26 Form for Field Visit Report www.ada.org.in/gstindia.biz

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For any inquiry ASHU DALMIA & ASSOCIATES CHARTERED ACCOUNTANTS A-36, 2nd Floor, Guru Nanak Pura Laxmi Nagar, Delhi-110092, INDIA Tel: +91 -11 -22466591, 22422707, 45665691 Mob: +91-9810893243 Email: ashu.dalmia@ada.org.in Website: http://www.gstindia.biz/ada.org.in