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Unit - 1 GST
Unit - 1 GST
Unit - 1 GST
Higher Education
GST IN INDIA
Article 246:
The authority to enact law and levy taxes and duties has given by
constitution vide article 246 ( seventh Schedule) )to Parliament or state
legislature.
List -1 Union List List – II State List List – III Concurrent List
Parliament has Legislature of a State Parliament or
exclusive power to has exclusive power to Legislature of a state
make laws in respect of make laws in respect has exclusive power to
the matter enumerated of the matter make laws in respect of
in this list. enumerated in this list. the matter enumerated
in this list.
TAX in India
Taxes are levied by governments on their citizens to generate income for
undertaking projects to boost the economy of the country and to raise the
standard of living of its citizens. The authority of the government to levy
taxes in India is derived from the Constitution of India, which allocates the
power to levy taxes to the Central and State governments. All taxes levied
within India need to be backed by an accompanying law passed by the
Parliament or the State Legislature.
The payment of tax is beneficial on multiple levels including the
development of the nation, betterment of infrastructure, the upliftment of
the society, and even for welfare activities for the nation.
Types of Taxes
There are two main categories of taxes, which are further sub-divided into
other categories. The two major categories are direct tax and indirect tax.
1. Direct Tax
Direct tax is tax that are to be paid directly to the government by the
individual or legal entity. Direct taxes are overlooked by the Central Board
of Direct Taxes (CBDT). Direct taxes cannot be transferred to any other
individual or legal entity.
2. Indirect tax
Taxes that are levied on services and products are called indirect tax.
Indirect taxes are collected by the seller of the service or product. The tax is
added to the price of the products and services. It increases the price of the
product or service. There is only one indirect tax levied by the government
currently. This is called GST or the Goods and Services Tax.
GST: This is a consumption tax that is levied on the supply of services and
goods in India. Every step of the production process of any goods or value-
added services is subject to the imposition of GST. It is supposed to be
*Petroleum products are falls under the regime of GST but effective date
for levy of tax and rate of tax is not prescribed yet.
The GST Constitutional (122nd Amendment) Bill’ 2014 became the GST
Constitutional (101st Amendment) Act’ 2016 when the president assented
the provisions of bill on 8th Sept’ 2016.
GST Constitutional (101st Amendment) Act’ 2016 contains the provisions
which are necessary for the implementation of GST Regime. The present
amendments would subsume a number of indirect taxes presently being
levied by Central and State Governments into GST thereby doing away the
cascading of taxes and providing a common national market for Goods and
Services. The aim to bring about these amendments in the Constitution is
to confer simultaneous power on Parliament and State legislatures to make
laws for levying GST simultaneously on every transaction of supply and
Goods and Services.
Introduction of GST required 20 amendments so as to enable integration of
:
• Central Excise Duty including additional duties of customs on
imports.
• Service tax
• State Vat
• And other certain state specific taxes
Kasturi Ram College of Higher Education
B.B.A. 3rd Year
GST (309)
Levied by the Centre and states into a comprehensive Goods and Service
tax and to empower both Centre and State to levy and collect it.
Therefore , GST Constitutional (101st Amendment) Act’ 2016 was passed.
• Power to make laws with respect to Goods and Service Tax ( Article
246 A w.e.f. 16.9.2016).
✓ This article empowers Central and State government to make
laws with respect to GST imposed by Centre or such state.
✓ Central Government has the exclusive empower to make laws
with respect to GST in case of inter state supply of goods and
/or services (IGST).
✓ In respect of the following goods , the GST Council shall
recommend the date on which the GST be levied:
1. Petroleum Crude Oil
2. High Speed Diesel
Tax rate applicable Tax rate of principal item Highest tax rate of all the items
1. Every person liable to register under GST shall apply for registration using the form GST REG-
01. This form needs to filed online either at common portal or through a facilitation center.
2. Person applying for registration should declare these details in Part A of application form
GST REG 01:
1. Permanent Account Number (PAN),
2. Mobile number,
3. E-mail address,
4. State or Union territory
3. PAN number provided will be verified by GST portal with PAN database
4. One time password (OTP) will be sent to mobile and email for verification.
To fill the part A of application you need to go to GST portal i.e. Form GST REG -01 on common
portal www.gst.gov.in.
• Business Details
• Proprietor/Partners Details
• Authorized Signatory details
• Authorized representative details
• Principal place of business
• Additional places of business
• Goods and Services details
• Bank Accounts details
• State specific details
• Verification details
You should sign and upload the documents on portal for further processing of application.
You will get below confirmation after successfully signing and submission of GST registration
application.
Once the application is submitted, acknowledgement will be issued in FORM GST REG-02.
For time being the role of applicant is over here. After the application is uploaded and an
acknowledgement is given, the application will be forwarded to proper office who will check the
application.
If everything is found to be correct, the application will be approved and registration will be granted
within 3 working days of making the application.
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GST (309)
If application is found to be in correct in terms of information or documents, a notice will be issued
by officer in FORM GST REG-03 within 3 working days of making an application, applicant should
respond to the notice within 7 working days in FORM GST REG-04.
If the officer is satisfied with the reply of applicant, within 7 working days from receipt of application
may approve the application.
If officer is not satisfied with the reply, he may reject the application and inform to applicant in form
GST REG-05.
If proper office fails to take action within days specified above, the application will be deemed to be
accepted and approved.
Once the application is approved, a certificate of registration in FORM GST REG-06 showing the
principal place of business and additional place(s) of business shall be made available to the
applicant on the Common Portal and a Goods and Services Tax Identification Number (GSTIN) shall
be assigned in the following format:
If you are applying for GST registration, along with application GST REG-01 you need to upload
scanned documents specified in application. The basic information required to be filled in part A of
application are:
With Part B, you need to submit the documents listed in application form. Following list of evidence
documents needs to be attached or uploaded while filing the application for GST registration:
Photographs
Application needs to be signed by authorised person, following persons can sign the application
using a digital signature certificate (DSC).
• Proprietorship - Proprietor
• Partnership - Managing / Authorized Partners
• Hindu Undivided Family - Karta
• Private Limited Company - Managing / Whole-time Directors and Key Managerial Persons
• Public Limited Company - Managing / Whole-time Directors and Key Managerial Person
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• Society/ Club/ Trust/ AOP - Members of Managing Committee
• Government Department - Person In charge
• Public Sector Undertaking - Managing / Whole-time Director and Key Managerial Person
• Unlimited Company - Managing/ Whole-time Director and Key Managerial Person
• Limited Liability Partnership - Designated Partners
• Local Authority - Chief Executive Officer ( CEO) or Equivalent
• Statutory Body - Chief Executive Officer ( CEO) or Equivalent
• Foreign Company - Authorized Person in India
• Foreign Limited Liability Partnership - Authorized Person in India
• Others - Person In charge
Signing with Digital Signature Certificate (DSC) is compulsory for Private Limited Company, Public
Limited Company, Public Sector Undertaking, Unlimited Company, Limited Liability Partnership,
Foreign Company, Foreign Limited Liability Partnership.
Cost of getting GST registration is nill. Government does not charge any fee for GST registration.
Where the proper officer is satisfied that the physical verification of the place of business of a
registered person is required after grant of registration, he may get such verification done and the
verification report along with other documents, including photographs, shall be uploaded in FORM
GST REG-29 on the Common Portal within fifteen working days following the date of such
verification.
Physical verification is not compulsory requirement and only if officer has doubts to believe he can
inspect the premises, however a reports has to be submitted on GST portal along with photographs.
Chapter VI of CGST Act, 2017 contains provisions regarding registration under CGST Act, 2017. This
chapter contains following sections:
• CHAPTER VI - REGISTRATION
o Section 22 - Persons liable for registration
o Section 23 - Persons not liable for registration
o Section 24 - Compulsory registration in certain cases
o Section 25 - Procedure for registration
o Section 26 - Deemed registration
o Section 27 - Special provisions relating to casual taxable person and non-resident
taxable person
o Section 28 - Amendment of registration
o Section 29 - Cancellation of registration
o Section 30 - Revocation of cancellation of registration
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GST (309)
Section 22 specifies the person who are liable for registration. As per this section following suppliers
are required to get registration.
1. Every supplier of goods or services or both shall be liable to be registered under the GST Act
in the state or UT or special category states from where he makes taxable supply of goods or
services or both, if his aggregate turnover in a financial year exceeds the threshold limit.
4. Tripura
• For the purpose of GST , Delhi and Puducherry are considered as states. Therefore there are
total 31 states where CGST+SGST is levied and 5 UTs where UTGST + CGST is levied on intra
state supplies.
2. Every person who is holding registration under existing laws such as VAT, Service Tax etc.
3. If the registered business is transferred as going concern, the transferee or successor should
get himself registered under the act.
4. In case of amalgamation or demerger, the transferee upon receipt of certificate of
incorporation from ROC should get the business registered, registration will have effect from
day of registration.
Section 23 specifies the persons who are not liable to registration even if they qualify under section
22.
Section 24 specifies the situation or supplies where a person should get compulsory registration
regardless of section 22
Interesting to note person specified in 9, 10 and 11. Every seller on E-commerce portal, as well as
every E-commerce portal needs to get registration done. Even the companies providing online
information and database access in India needs to get registration done.
Section 25 speaks about procedure of registering under CGST Act, 2017. We will discuss this section
in details under a separate heading below.
1. Grant of registration or the Unique Identity Number under the State Goods and Services Tax
Act or the Union Territory Goods and Services Tax Act shall be deemed to be a grant of
registration or the Unique Identity Number under this Act subject to the condition that
Section 27 is about special provisions applicable to casual taxpayers and non-resident tax payers
Casual tax payers can start business only after registration certification is provided, they also need to
deposit estimated tax before registration, however this advance deposit of tax will be credit to his
electronic tax ledger.
Section 28 allows a person to amend his registration in case of change in any information provided
at the time of registration.
Registration can be cancelled under this section by proper officer upon his own motion or an
application filed by registered person. This section in normal speaks about cancellation of
registration in case of application by registered person where business is stopped or person is no
longer required to pay tax or any other case. Officer can also cancel registration in cases such as
registration obtained by fraud etc.
In this part of article I have analysed the registration provisions contained under the CGST, Act 2017.
It must be noted that Act is supreme and rules or procedures are just the facilities to implement the
act. Rules and procedures cannot override anything provided in act.
Here, ‘person’ includes individuals, HUF, company, firm, LLP, an AOP/BOI, any corporation
or government company, body corporate that is integrated under laws of foreign country,
co-operative society, local authority, government, trust as well as an artificial juridical
person.
Thus, a person is registered or is liable to be registered under the law would be a taxable
person in GST. A person would be liable to be registered under the regulation under two
categories. These are:
This will be a new thought for assessees who are presently not registered as an Input
Service Distributor (ISD). However, this facility is non-obligatory in nature.
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GST (309)
Persons Liable to Obtain GST Registration
GST registration is obligatory for the following persons:
• Any business whose turnover in a financial year exceeds the threshold limit.
• Every person who is registered under a previous regulation (i.e. Excise, VAT, Service
Tax etc.), then the person also needs to register under GST.
• Agents of a supplier
e-Commerce sellers or aggregators are not required to register if their total sales are less
than Rs. 20 lakhs. This is in accordance with Notification No. 65/2017 – Central Tax dated
15th November 2017.
• Casual or non-resident persons are required to apply for GST registration at least 5
days before the commencement of his/her business.
• The registration number issued under GST will be based on the person’s PAN details
and hence, having PAN would be a prerequisite for obtaining GST registration.
• The assessee has a choice to acquire a separate GST registration for each of the
‘business vertical’ in the same State.
A casual and non-resident taxable person may obtain a temporary registration, which is
for a period of 90 days. This period can, however, be extended for another 90 days.
A person who obtains GST registration under Section 24, will be required to make an
advance deposit of GST, which will be based on the person’s estimated tax liability.
Collecting GST
It is to be noted that only a registered taxable individual can collect GST. The taxable
person ought to prominently indicate the GST amount on tax invoices.
Returns
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GST (309)
A normal taxpayer will be required to furnish three monthly returns and one annual return.
There are separate returns for a taxpayer who is registered under the Composition
Scheme, Input Service Distributor (ISD), a person accountable to deduct tax (TDS), or
collect tax (TCS), respectively.
Who is a Supplier?
Under GST, a supplier shall refer to as someone who supplies any goods or services. A supplier
also includes an agent acting on behalf of a supplier for the supply of goods or services.
Location of Supplier
Location of supplier is usually where a supply is made from, a place mentioned as a principal
place of business on the GST registration certificate. In case the supplier distributes the
supplier apart from the places as mentioned on the GST registration certificate, the supplier can
use the location of a place mentioned on the GST registration certificate.
If the supplier makes the supply from more than one location, the supplier can treat the
location of the supplier which directly reflects the concerned supply. If the supplier is unable to
determine the place of supply, the concerned individual shall use the usual place of residence
of the supplier as the location of the supplier on the GST invoice.
If the supply is received at a place which is not mentioned on the GST registration certificate,
then the location of that place can be used as the location of recipient.
If the consignee receives the supply at more than one place, then the provider shall use the
location most directly concerned with the receipt of supply as the location of recipient.
In the absence of any of the above, the supplier shall use the location of the usual place of
residence of the recipient as the location of the recipient.
In this article we will discuss how the liabilities of a person will be adjusted by
using different type of register/Ledgers. For the payment of taxes under
GST following ledger or register will be maintained –
1) Electronic Cash Ledger
2) Electronic Credit Ledger
3) Electronic Liability Register
As per Sec-49(1) of CGST Act 2017 - Every deposit shall be credited to Electronic
Cash Ledger of such person, who made towards tax, interest, penalty, fee or any
other amount by internet banking or by using credit or debit cards or NEFT or
RTGS or by such other mode.
Sec-49(3) of CGST Act 2017 - Amount available in Electronic Cash Ledger may be
used for making any payment towards tax, interest, penalty, fees or any other
amount payable under the provisions of this Act or the rules.
Electronic cash ledger will be credited with the amount deducted under
section 51(TDS) or collected under section 52(TCS) and claimed in FORM GSTR-
02 by the registered taxable person from whom the said amount was
deducted. Electronic cash ledger shall be debited with the amount as a person
has claimed as refund. Proper officer will make an order in FORM GST PMT-03
and electronic cash ledger will be credited with the rejected amount of refund
.
Sec- 49(2) of CGST Act 2017 - Input tax credit as self-assessed in the return of
a registered person shall be credited to his Electronic Credit Ledger.
As per Sec- 49(4) of CGST Act 2017- Output tax under CGST Act or under
Integrated Goods and Services Tax Act (IGST) may be paid by registered person
by using Amount available in his Electronic Credit Ledger.
As per Sec- 49(5) of CGST Act 2017 - Amount of input tax credit available in
Electronic Credit Ledger of the registered person on account of will be utilized
as under-
In FORM GST PMT-02 an Electronic Credit Ledger shall be maintained for each
registered person eligible for input tax credit under the Act on Common Portal
and every claim of input tax credit under the Act shall be credited to the said
Ledger.
Proper officer will re-credit the Electronic Credit Ledger, by an order made in
FORM GST PMT-03 as the amount of refund rejected .
As per Sec-49(7) of CGST Act 2017 - All liabilities of a taxable person under this
Act shall be recorded and maintained in an Electronic Liability Register .
Electronic Tax Liability register shall be credited and Electronic credit ledger
or electronic cash ledger will be debited if a registered person pays any
amount of his liability as per return.
Electronic Cash Ledger will be debited and Electronic Tax Liability Register shall
be credited with the amount deducted under section 51(TDS), or amount
collected under section 52(TCS), or amount payable under section 9(3)or(4)
(Reverse Charge Basis), or amount payable under section 10 ( Composition
Levy), of CGST Act or section 5(3)or(4) (Reverse Charge Basis) of IGST Act or
section 7(3)or(4)(Reverse Charge Basis) of UTGST Act any amount payable
towards interest, penalty, fee or any other amount under the Act or IGST Act
Electronic Tax Liability Register shall be credited to the extent of relief given by
appellate authority or Appellate Tribunal or court with the amount of demand
reduced.
Sec-49(8) of CGST Act 2017 -Every taxable person shall discharge his tax and
other dues under this Act or the rules made thereunder in the following order,
namely:
(c) any other amount payable under this Act or the rules made thereunder
including the demand determined under section 73 or section 74.
Sec-50 of CGST Act 2017 - Any person fails to pay the tax or any part thereof
to the Government within the period prescribed, shall for the period for which
the tax or any part thereof remains unpaid, pay, on his own, interest at such
rate, not exceeding 18 per cent., as may be notified by Government on the
recommendations of the Council.
But he will pay interest at such rate not exceeding 24 per cent as may be
notified by Government on the recommendations of the Council if he makes
an undue or excess claim of input tax credit or undue or excess reduction in
output tax liability Interest shall be calculated from the day succeeding the day
on which such tax was due to be paid.