1. Goods & Services Tax An Overview of – Registration… Invoicing…
13th May, 2017
Goods & Services Tax
An Overview of –
Registration…
Invoicing…
& Returns…
By –
SUYOG NAWAL
ZMHS & Associates

2. PAN based registration
Application
Threshold
Transition
Special Situations
PAN based registration
State registration
REGISTRATION

3. REGISTRATION Important definition to understand –
‘PERSON’ [Sec. 2(84) of CGST Act] includes -
(a) an individual
(b) a HUF
(c) a company
(d) a firm
(e) a LLP
(f) an AoP or a BoI, whether incorporated or not, in India or outside India
(g) any corporation established by or under any Central Act, State Act or Provincial Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013;
(h) any body corporate incorporated by or under the laws of a country outside India;
Continued …

4. REGISTRATION … continued ‘PERSON’ [Sec. 2(84) of CGST Act] includes -
(i) a co-operative society registered under any law relating to co-operative societies
(j) a local authority
(k) Central Government or a State Government
(l) society as defined under the Societies Registration Act, 1860
(m) trust; and
(n) every artificial juridical person, not falling within any of the above

5. REGISTRATION ‘PLACE OF BUSINESS’ [Sec. 2(85) of CGST Act] includes -
(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, supplies or receives goods or services or both; 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;

6. REGISTRATION
‘PRINCIPAL PLACE OF BUSINESS’ [Sec. 2(89) of CGST Act] means -
… the place of business specified as the principal place of business in the certificate of registration;
Refer: Point 12 in GST REG – 01 [Application for registration]
‘FIXED ESTABLISHMENT’ [Sec. 2(50) of CGST Act] means –
… a place (other than the registered place of business) which is characterized by a sufficient degree of permenance and suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs

7. REGISTRATION
‘BUSINESS VERTICAL’ [Sec. 2(18) of CGST Act] means - [Accounting Standard 17]
… a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals.
Explanation.––For the purposes of this clause, factors that should be considered in determining whether goods or services are related include–
(a) the nature of the goods or services;
(b) the nature of the production processes;
(c) the type or class of customers for the goods or services;
(d) the methods used to distribute the goods or supply of services; and
(e) the nature of regulatory environment (wherever applicable), including banking, insurance, or public utilities;

8. REGISTRATION Determining the necessity for obtaining registration –
Threshold
Rs. 20 lakhs general
Rs. 10 lakhs – special category states [‘special category’ to be specified]
In case of migration from old laws to GST
Except composition dealer in existing laws
Except input service distributor under existing laws
Transfer of business
As going concern
As slump sale … continued

9. REGISTRATION Determining the necessity for obtaining registration –
Compulsory registration –
Inter-state taxable supply
Casual taxable person
Tax payable under reverse charge
E-commerce operator
Non-resident taxable person
Person required to deduct tax at source (TDS / TCS deductor)
Agent
Input service distributor
Non-resident Online Information and data base access and retrieval service provider (NR – OIADB) … continued

10. REGISTRATION Determining the necessity for obtaining registration –
Person making supplies from the territorial waters of India
Separate business verticals (conditions as may be prescribed)
Voluntary registration
Note -
Every registration to be treated as distinct persons
Special category persons – Unique identification number (UIN) is granted [No GSTIN]

11. REGISTRATION Time limit for obtaining registration –
Application within 30 days from the date a person becomes liable for registration
Casual taxable person & non-resident taxable person should apply atleast 5 days prior to commencement of the business
Approval / Notice by the proper officer within 3 working days from the date of application
In case of notice, applicant to furnish clarification within 7 working days from date of receipt of notice
Issuance of registration certificate within 7 working days from receipt of clarification against the notice or date of application, as the case may be

12. REGISTRATION Effective date of registration
If the application is submitted within 30 days then the effective date shall be such date on which he became liable for registration.
Deemed grant of registration /UIN
If no deficiency in the application nor approval is granted within prescribed period then the registration /UIN shall be deemed to have been granted

13. REGISTRATION Sr No Form No Particulars 1 GST REG – 01
Application for Registration 2
GST REG – 02
Acknowledgement 3
GST REG – 03
Notice for SEEKING Additional Information / Clarification / Documents relating to Application for Registration / Amendment / Cancellation 4
GST REG – 04
Application for FILING clarification/additional information/document for Registration/Amendment/Cancellation/Revocation of Cancellation 5
GST REG – 05
Order of Rejection of Application for Registration / Amendment / Cancellation/ Revocation of Cancellation 6
GST REG – 06
Registration Certificate 7
GST REG – 07
Application for Registration as Tax Deductor (TDS) or Tax Collector at Source (TCS) 8
GST REG – 08
Order of Cancellation of Application for Registration as TDS or TCS 9
GST REG – 09
Application for Allotment of Unique ID to UN Bodies/ Embassies /any other person 10
GST REG – 10
Application for Registration for Non Resident Taxable Person 11
GST REG – 11
Application for AMENDMENT in Particulars subsequent to Registration

14. REGISTRATION Sr No Form No Particulars 12 GST REG – 12
Order of Amendment of existing Registration 13
GST REG – 13
Order of Allotment of Temporary Registration/ Suo Moto Registration 14
GST REG – 14
Application for Cancellation of Registration 15
GST REG – 15
Show Cause Notice for Cancellation of Registration 16
GST REG – 16
Order for Cancellation of Registration 17
GST REG – 17
Application for Revocation of Cancelled Registration 18
GST REG – 18
Order for Approval of Application for Revocation of Cancelled Registration 19
GST REG – 19
Notice for SEEKING Clarification / Documents relating to Application for Revocation of Cancellation 20
GST REG – 20
Application for Enrolment of Existing Taxpayer 21
GST REG – 21
Provisional Registration Certificate to existing taxpayer 22
GST REG – 22
Order of cancellation of provisional certificate

15. REGISTRATION Sr No Form No Particulars 23 GST REG – 23
Intimation of discrepancies in Application for Enrolment of existing taxpayer 24
GST REG – 24
Application for Cancellation of Registration for the Migrated Taxpayers not liable for registration 25
GST REG – 25
Application for extension of registration period by Casual / Non-Resident taxable person 26
GST REG – 26
Form for Field Visit Report

16. G S T I N A H B P N Z REGISTRATION STATE CODE PAN ENTITY CODE BLANK
CHECK DIGIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A H B P N Z

17. REGISTRATION CASE STUDY # 1
A trading company is having its units in 5 states.
Currently, it is not registered in those state as its turnover is below the threshold limit as specified under respective state VAT laws
The company’s annual sales revenue was reported at Rs. 24 Lakhs in it’s audited financials for FY
What will be the company’s position under GST law? Will they require to obtain registration under GST?

18. REGISTRATION CASE STUDY # 2
A company which owns vessels is registered in Maharashtra under current indirect tax laws
The said vessels are specialized vessels used for oil exploration projects by government of India
Few of their vessel, under a project, were deployed in the east coast of India viz. Andhra Pradesh
Vessels are manned with men and material
Company seeks replenishment of food and water from local vendors of Andhra Pradesh to supply on board the vessels
Place of supply of those goods is Andhra Pradesh
Company wants to know if it is required to take registration in the State of Andhra Pradesh?

19. REGISTRATION CASE STUDY # 3
A FMCG company has its registered place of business in Himachal Pradesh and a regional distribution hub / warehouse in Madhya Pradesh (MP)
There are no sale made at the warehouse level
Warehouse is only to transfer the stock as per the HO instructions to either local distributor or any other warehouse in any other state
Company wants to know if their MP warehouse need to be registered under GST law even though there is no sale made from warehouse?

20. REGISTRATION CASE STUDY # 4
An Oil Company is having a bunker / fuel floating storage tank in the coastal waters which caters to the needs of the vessels coming in or going out.
The barge is located at 10 nautical miles Mumbai
The oil company has its registered place of business in Gujarat
Company wants to know if they are required to register under GST? If yes, under which State?

21. INVOICING

22. INVOICING SPECIFIED DOCUMENTS – Document title Reference Purpose
Invoice
Section 31 – CGST
Supply of goods or service or both by registered taxable person including an ISD
Bill of supply
Section 31(3)(c) – CGST
Exempted supplies or supplies under Composition
Receipt voucher
Section 31(3)(d) – CGST
Receipt of advance payment
Supplementary tax invoice
Section 31(3)(a) – CGST
For supplies made between effective date and date of issuance of RC
Credit Note / Debit Note
Section 34 – CGST
Adjustment in taxable value or tax charged in the invoice
Delivery Challan
Rule 8 (draft rules)
Removal of goods by supplier for specified purposes
E-way bill
Separate Rules
Inter-state movement of goods

23. INVOICING TIME LIMIT FOR ISSUING TAX INVOICE For supply of SERVICES
Normally, within 30 days from the date of supply
For insurance, banking company or a financial institution (including NBFC), time limit is 45 days
For supply of GOODS
Time of removal; or
Time of delivery; or
Making goods available for the recipient;
Whichever is earlier.
For continuous supply of services
If due date is ascertainable - on or before the due date of payment;
If due date is NOT ascertainable - before or at the time of receipt of payment by supplier.
If payment is linked to completion of an event – on or before the completion of that event

24. INVOICING
CONTENTS OF THE DOCUMENTS

25. INVOICING
CASE STUDY # 1
A unit located in Mumbai wants to send some raw materials for job-work to its job-worker’s premises in Pune. Company wants to know what documents it should execute to effect the movement of goods from Mumbai to Pune?
Also, the Company wants to know what documents should a job-worker execute to return the material after the job-work is done?

26. INVOICING
CASE STUDY # 2
The Company has received some goods at their premises and upon conducting a quality check some portion of material was found to be defected. Now, the company wants to know what documents should support the return of goods to the supplier?

27. INVOICING
CASE STUDY # 3
The Company has its place of business in Maharashtra. It has received an order from it’s customer to supply certain goods on urgent basis. Company has placed an order on its supplier specifying the delivery location to be it’s customer’s premises. Considering supplier is located in Karnataka, supplier wants to know what documents should he execute to effect the movement of goods?

28. INVOICING
CASE STUDY # 4
A person is having a chain of restaurants spread throughout various states viz. Maharashtra, Goa, Gujarat, Tamil Nadu, Kolkata, Madhya Pradesh & Rajasthan (total 7 states).
Q1. Considering turnover in each state is in the range of Rs. 25 lakhs what document should the restaurateur should execute while billing for the food and beverage service?
Q2. Considering the turnover in each state is in the range of Rs. 5 Lakhs what document should the restaurateur should execute while billing for the food and beverage service?

29. RETURNS

30. Walk-through of return forms
RETURNS
Walk-through of return forms
[ This information is made available in public domain by GSTN ]

31. RETURNS Due Dates - Return Form What to file? By Whom? By When? GSTR-1
Details of outward supplies of taxable goods and/or services effected
Registered Taxable Supplier
10th of the next month
GSTR-2
Details of inward supplies of taxable goods and/or services effected claiming input tax credit.
Registered Taxable Recipient
15th of the next month
GSTR-3
Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of amount of tax.
Registered Taxable Person
20th of the next month
GSTR-4
Quarterly return for compounding taxable person.
Composition Supplier
18th of the month succeeding quarter
GSTR-5
Return for Non-Resident foreign taxable person
Non-Resident Taxable Person
GSTR-6
Return for Input Service Distributor
Input Service Distributor
13th of the next month

32. RETURNS Due Dates - Return Form What to file? By Whom? By When? GSTR-7
Return for authorities deducting tax at source.
Tax Deductor
10th of the next month
GSTR-8
Details of supplies effected through e-commerce operator and the amount of tax collected
E-commerce Operator/Tax Collector
GSTR-9
Annual Return
Registered Taxable Person
31st December of next financial year
GSTR-10
Final Return
Taxable person whose registration has been surrendered or cancelled.
Within three months of the date of cancellation or date of cancellation order, whichever is later.
GSTR-11
Details of inward supplies to be furnished by a person having UIN
Person having UIN and claiming refund
28th of the month following the month for which statement is filed

33. Chartered Accountants NARIMAN POINT OFFICE: Office No 55, 5th Floor,
Thank You
Z M H S & Associates
Chartered Accountants
NARIMAN POINT OFFICE: Office No 55, 5th Floor,
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Tel No: /66
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