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GST- Registrations, Tax Invoice, Accounts, Returns
CA.PREETY PARIK
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Definitions w.r.t Registration
2(108) “Taxable supply’’ means a supply of goods and/or services which is leviable to tax under this Act; 2(78) “non-taxable supply’’ means a supply of goods or services which is not leviable to tax under this Act or under IGST Act; 2(47)“exempt supply” means supply of any goods and/or services which attract nil rate of tax or which may be wholly exempt from tax under section 11 or under Sec.6 of IGST and includes Non Taxable Supply
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Definitions w.r.t Registration
2(6) “aggregate turnover” means the aggregate value of all taxable supplies + exempt supplies + exports of goods and/or services + inter-State supplies of a person – Inward Supplies on which Tax has been paid on RCM having the same PAN, to be computed on all India basis excludes taxes and Cess, if any, charged under the CGST, SGST, IGST Act, UT Agent includes turnover on behalf of all his principals Job Work – value of such goods not to be included
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Registration Chapter VI
Liability to be Registered – Sec.22 (1) Every Supplier is liable to be registered, in a state from where he makes a taxable supply Aggregate turnover > 20 Lacs in a financial year Aggregate turnover > 10 Lacs in a financial year – states 279A(4)(g) of the constitution and special category states. (Arunachal Pradesh, Assam, J&K, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, HP and Uttarakhand)
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Registration Chapter VI
Irrespective of any amount of turnover :- Person making any interstate taxable supply. Casual taxable Person making taxable supply Paying tax under reverse charge Paying Tax under RCM by Electronic Commerce operator Electronic Commerce Operator Non Resident Taxable persons making taxable supply Persons required to TDS/ TCS Person who supplies goods / services on behalf of other Taxable person whether as an agent or otherwise.
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Registration Chapter VI
Irrespective of any amount of turnover :- Person Supplying online information and database access or retrieval services from place outside India to a person in India, other than a registered taxable person. ISD Others- notified by Government Voluntary registration Every person who is registered under existing laws before the appointed day
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Registration Suo Motto Registration by proper officer:-
In case of search, survey, inspection, enquiry or any other proceeding The proper finds any person liable for registration but has failed to apply for registration, he may issue an order and register the person on temporary basis. The registration is effective from date of order The person may prefer appeal or apply for registration within 90 days of order of registration.
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Registration Not liable to be registered:-
Person engaged – exclusively in business of supply that are not liable to be tax or wholly exempt from Tax. An agriculturist to the extent of supply of produce out of cultivation of land. Specified category of persons exempted from registration by notification
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Registration Where to be Registered:-
Every such state from where the supplier makes a taxable supply of Goods and/ or Services. Supplier may obtain separate registration for each business vertical within the state. Each business vertical will be distinct person SEZ or SEZ developer to make separate registration as business vertical distinct from its units outside SEZ
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Registration When to be apply:-
Within 30 days of being liable to be registered. In case of Casual Taxable persons and NR, shall apply for registration at least five days before comencement of business.
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Registration When is liability for registration Requisite :- PAN TAN for TDS TCS Other document for NR. Liability to be registered Persons registered under earlier law From the appointed day In case of transfer of business by succession or otherwise, by way of going concern Date of transfer of succession In case of transfer pursuant to order of High Court Date of Issue of Certificate of Incorporation by ROC to give effect to the order of HC In case of threshold turnover From the supply exceeding threshold turnover
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Registration Effective Date of Registration:- If application is made within thirty days from the date on which the person became liable for registration, the registration shall be effective from the date he was liable for registration. If application submitted after thirty days, the effective date of registration will be the date of grant of registration. In case of Voluntary Registration, effective registration is from the date of grant of registration.
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Registration Amendment of Registration
Inform proper officer of Changes information given, within 15 days of change. If change = Name, principal place/ additional place of business, details of partners/.. Proper officer shall approve amendment within 15 days and it is effective from occurrence of event In case of other change, amendment takes place after submission of application. If change results New PAN, apply for new reg
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Registration Cancellation of Registration:-
By Registered Person or by legal heir Business- Discontinuance/ Transferred fully / Amalgamated/ demerged/ Disposed or death of proprietor Change in Constitution of Business No longer liable to be registered
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Registration By Proper Officer is such person
Does not conduct any business from the declared place of business Issues Invoice or Bill of Supply without supply Not furnished returns for 3 tax period-(composition) Not Furnished returns for consecutive 6 months Voluntary- not commenced business within 6 months from date of registration. Registration has been obtained by fraud… SCN, Opportunity of being heard to follow.
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Registration Cancellation of Registration subject to
Payment of tax and other dues under Act ITC on inputs in stock, semi finished goods, finished goods, capital goods held in stock or the output tax payable, whichever is higher on date preceding the date of cancellation has to be paid.
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Registration Revocation of registration
(in case of cancellation of registration by proper officer) Apply for revocation within 30 days of service of order Proper officer may revoke or reject SCN/ opportunity to be heard before rejection.
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Registration Casual Taxable Person / Non resident
Apply for registration at least five days before the commencement of business. Shall make taxable supply only after issue of registration. Registration valid <90 days, further extend to 90 days Shall make advance deposit of tax/ estimated tax liability at the time of submission of application for registration.
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Registration Forms as per Rules
Application for registration GST REG-1 Acknowledgement Immediately GST REG-2 Intimation of error in application Within 3 working days GST REG-3 Reply to Intimation Within 7 working days GST REG-4 Rejection of application GST REG-5 Issue of Registration certificate 3/ 7 working days GST REG 6 Amendment to particulars in registration Within 15 days of change GST REG 13 Order of Amendment GST REG 14 Application for Cancellation for registration SCN Cancellation of registration Suo Motto by proper officer GST REG 16 Reply to SCN GST REG 17 Order of Cancellation GST REG 18 Order to Drop Cancellation GST REG 19
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Registration Forms as per Rules
Application for registration GST REG-1 For TDS/ TCS REG 07 Cancellation of registration granted above REG 08 NR Five days before REG 09 Supplying online information REG 09A Extension of Period by casual/ NR REG 10 Suo Motto registration by proper Officer REG 11 Report of physical verification of place of business after grant of registration by proper officer REG 29
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Registration Forms - Transition
Provisional certificate of registration On the appointed day Intimation of discrepancy in the application After appointed day Issue of final Certificate of Registration GST REG 6 Application for cancellation of provisional certificate Within 30 days from the appointed day GST REG 28 Cancellation of Provisional Certificate by Proper officer - SCN GST REG 26 GST REG 27
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Returns Sec.37-Sec.40 Particulars Due Date for Filing Return No
Details of Outward Supplies By 10th day of Month following the Tax Period GSTR -1 Details of Inward Supplies By 15th day of Month following the Tax Period GSTR -2 Monthly Return alongwith payment of Taxes By 20th day of Month following the Tax Period GSTR -3 Annual Return for every Financial year By 31st day of Dec following the end of the financial year GSTR -9 Final Return in case of Cancellation of Certificate Within 3 months of cancellation/ order GSTR -10
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Returns Sec.37-Sec.40 Particulars Due Date for Filing Return No
Quarterly Return by Composition Supplier By 18th day after the end of the quarter GSTR -4 TDS Return TDS certificate By 10th day after the end of the month in which tax has been deducted GSTR -7 GSTR – 7A (auto) ISD By 13th day after the end of the month in which tax has been deducted GSTR -6 TCS Return and return of E-commerce operator GSTR -8 NR By 20th day GSTR- 5
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Returns - Outward Supplies- GSTR-1
At invoice level Interstate Supplies to Registered Persons Intrastate Supplies to Registered Persons Intrastate Supplies to Unregistered Persons, supplies > 2.5 lacs At consolidated Level Intrastate supplies to URD- Ratewise Interstate supplies to URD<2.5L – Statewise, Ratewise Debit notes and Credit notes issued in the month
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Returns - GSTR1 details not allowed to furnish during 11- 15
Details added/ modifies/deleted by recipient will be available in GSTR- 1A. He can accept or reject between 16th and 17th Rectification to any error or omission in respect of GSTR1- GSTR2 allowed upto furnishing of return of september after the end of FY Revised Invoice details in first return of Supplier – Newly Registered supplier
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Returns - Inward Supplies- GSTR-2
Prepare Details and file Intrastate Supplies, Invoice Wise from RP (autopopulated) – GSTR 2A- Interstate Supplies, Invoice Wise, statewise from RP (autopopulated) – GSTR 2A- Intrastate Supplies- URD- Invoice wise Interstate Supplies – URD- statewise – Invoice wise Import of Goods Debit note and Credit note from RP (autopopulated)
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Returns - Inward Supplies- GSTR-2
All Autopoulated Part A Supplies from Registered Person Part B Transfer from ISD Part C Details from TDS return of Dedudctor Part D Details from TCS return of collector
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Returns - Inward Supplies- GSTR-2
Specify ineligible ITC, invoice level, wholly or partially Quantum of ineligble ITC which cannot be determined at invoice level
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Returns - Monthly Return - GSTR-3
Part A (autopopulated ) GSTR-1 GSTR -2 (RCM , quantum of ineligible credit, reversal of credit) Part B (autopopulated ) GSTR- 2 ITC GSTR 2- TDS GSTR2- TCS Details of Tax payment to be given in part B
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Returns - Monthly Return - GSTR-3
GSTR3 to be submitted and GSTR-4 (composition) has to be furnished even if NIL return Revised Return not permitted. Corrections to be done in current month return Current month return will be filed subject to filing of earlier month’s return Notice in Form GSTR 3A will be sent non filers of GSTR3, GSTR-4 and Annual return- GSTR9 within 15 days
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Returns - Annual Return - GSTR-9
Regular – GSTR 9 Composition –GSTR 9A Audited annual accounts and reconciliation statement in Form GSTR-9B Audit of Accounts Aggregrate Turnover> 1 Cr
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Returns - Return for compounding supplier - GSTR-4
Submit Interstate inward supplies, invoice wise from RP Interstate inward supplies, invoice wise from URP Intrastate inward supplies, invoice wise from RP Intrastate inward supplies, invoice wise from URP Import of Goods and Services Debit and Credit notes issued and received Consolidated details of outward supplies
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Returns - Late Fees GSTR 1 and GSTR2 GSTR3 GSTR4, TDS Return and TCS return – Rs.100 for every day , MAX Rs.5000 Annual Return GSTR9 - RS.100 for every day, MAX – 0.25% of turnover in state or UT
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GST Practitioner - Application to Authorised officer – FORM GST PCT-1 for enrollment Issue Certificate in FORM GST PCT 2 or reject appl If found guilty of misconduct in connection with any proceeding SCN FORM GST PCT – disqualify him Appeal within 30 days to Commissioner LIST of enroller PCT in FORM GST PCT 5 RP authorisation to PCT in FORM GST PCT 6 PR withdraw authority GST PCT 7
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GST Practitioner - Furnish GSTR1 and GSTR2, GSTR3, GSTR4, GSTR9
Make deposit of tax File claim for refund File application for amendment/ cancellation o registration Attend before any authority in connection with any proceedings Consent to be filed for representing URD Return filed by PCT- confirmed by RP- if not received deemed to be confirmed
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Accounts and Records - Accounts at Principal Place of Business
Production/manufacture of Goods Inward and Outward Supply of Goods/ Services or both Stock of Goods Input Tax Credit availed Output Tax payable and Paid Such other particulars as may be prescribed At every place of Business in Reg. Cert – accounts relating to that place Accounts in electronic form in manner as prescribed
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Accounts and Records - Failure to maintain Accounts
Proper Officer may determine tax payable as if Goods or Services have been supplied by such person and penalty provisions to follow Period of Retention 81 months from the end of FY (72+ due date of furnishing of Annual Return for FY) In case of litigation- Till one year after final disposal of Appeal Whichever is later
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Accounts and Records - Operator of Warehouse- Records of Goods
Transporter - Record of Consigner, Consignee and Goods In manner to be prescribed
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Date for Issue of Invoice - Sec.31
Supply of Taxable Goods Time for Issue of Tax Invoice Involves Movement of Goods Before or at the Time of Removal of Goods Does not involve movement of Goods Before or at the Time of Delivery or making available the Goods to the recipient Certain Supplies notified by Government on recommendation of Council Time and Manner for Issue of Invoice as may be prescribed Continuous supply of Goods- Successive Statement of accounts are involved Before or At the time each statement is issued Continuous supply of Goods- Successive payments are involved Before or At the time each payment is received Goods sent on approval Before or At the time of supply or six months from the date of removal whichever is earlier
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Date for Issue of Invoice - Sec.31
Supply of Taxable Services Time for Issue of Tax Invoice General Before Supply of Service or Within 30 days of Supply of Service In case of Banks/ Financial Institutions/ NBFC/ Insurance Within 45 days of supply of service Continuous supply of Services- Due date for payment is ascertainable from the contract On or before the due date for payment Due date for payment is not ascertainable from the contract On or before the time supplier receives payment Payment linked to completion of an event On or before the date of completion of event
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TAX Invoice – Sec.31 For New Registration – Revised Invoice to be issued from date of Effective registration to the date of grant of registration , within one month of grant of issuance of certificate of registration
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RP supplying Exempted goods/ Services Bill of Supply
Particulars Document to be Issued RP supplying Exempted goods/ Services Bill of Supply Composition Supplier On receipt of Advance payment by RP Receipt Voucher Refund of Advance in case of no Supply Refund Voucher On receipt of Goods/ Services- RCM Tax Invoice If Tax Invoice Value > Taxable Value Goods return, Goods deficient Credit Note If Tax Invoice Value < Taxable Value Tax charged< Tax payable Debit Note
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TAX Invoice – Sec.31 URP not to collect Tax
RP not to collect except in accordance with provisions of this Act Tax Invoice / Bill of Supply may not to be Issued Value of Supply is less than Rs.200 Supply is to Unregistered recipient The recipient does not require it He may issue consolidated Tax Invoice for such supplies at the close of each day wrt all such supplies
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TAX Invoice – Sec.31 No- Date Supplier Recipient If URD> 50,000 Name Name Name Address Address Address GSTN GSTN Address of delivery State Code Place of Supply Address of delivery if other than POS Description HSN Qty Total Value Total taxable Value Rate of Tax CGST SGST IGST UT Cess Amount of Tax XX XX If tax payable on reverse charge Sd/-
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Bill of Supply No- Date Supplier Recipient If URD Name Name Name Address Address Address GSTN GSTN Description HSN Total Value Sd/-
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Receipt Voucher No- Date Supplier Recipient Name Name Address Address GSTN GSTN Place of Supply Description Amount Rate of Tax Amount of Adv of TAx Whether tax payable on RCM Sd/-
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Credit/ Debit Note No- Nature of Document Date S.No of corresponding tax invoice, BOS Supplier Recipient URD Name Name Name Address Address Address GSTN GSTN Address of delivery Value Rate of Tax Amount Sd/-
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Manner of Issue of Tax Invoice
In case of Goods Original for recipient Duplicate for Transporter Triplicate for Supplier In Case of Services Duplicate for Supplier * The serial no of invoices issued during tax period shall be furnished in GSTR 1
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Manner of Issue of Tax Invoice
Goods removed for Supply of Liquid gas Job work For reasons other than supply Such supplies as notified Consignor may issue delivery challan at time of removal Date, No Consinger- Name, Add, GSTN Consignee – Name Add, GSTN HSN code, description , qty, taxable value, tax rate, tax amt if supply is to consignee Place of Supply Sd/-
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