76221bos61590-cp8
76221bos61590-cp8
76221bos61590-cp8
REGISTRATION
The section numbers referred to in the chapter pertain to CGST Act, unless otherwise
specified. Examples/Illustrations/Questions and Answers given in the Chapter are based
on the position of GST law existing as on 30.04.2023.
LEARNING OUTCOMES
1. INTRODUCTION
Under any taxation law, registration is the most
fundamental requirement for the identification of
persons liable to pay tax thereby ensuring tax
compliance in the economy. Under the indirect tax
regime, without registration, a person can neither
collect tax from his customers nor claim any credit of
tax paid by him. It is the first step towards becoming compliant under any tax law.
Registration under GST legally recognizes a person as a supplier of goods or
services or both and legally authorizes him to collect taxes from his customers and
pass on the credit of the taxes paid on the goods or services supplied to the
purchasers/recipients. He can claim the input tax credit of taxes paid and can utilize
the same for payment of taxes due on the supply of goods or services. Registration
ensures the seamless flow of input tax credit from suppliers to recipients at the
national level.
Under GST law, a supplier is required to obtain State-wise registration. There is no
concept of a centralized registration under GST like the erstwhile service tax regime.
A supplier has to obtain registration in every State/UT from where he makes a
taxable supply provided his aggregate turnover exceeds a specified threshold limit.
Such a supplier is not required to obtain registration in a State/UT from where he
makes only a non-taxable supply.
Since registration in GST is PAN based, once a supplier is liable
to register in any one State, he has to obtain registration in
each of the States/UTs in which he makes taxable supply under PAN based
registration
the same PAN. Further, he is normally required to obtain single
registration in a State/UT. However, where he has multiple
places of business in a State/UT, he has an option either to get a single registration
for said State/UT [wherein he can declare one place as principal place of business
(PPoB) and the other places/branches as additional place(s) of business (APoB)] or
to get separate registrations for each place of business in such State/UT.
Registration under GST is not tax specific, which means that there is single
registration for all the taxes i.e. CGST, SGST/UTGST, IGST and GST compensation
cess.
Chapter VI - Registration [Sections 22 to 30] of the CGST Act, 2017 and Chapter III
– Registration [Rules 8 to 26] of the CGST Rules, 2017 contain the provisions relating
to registration. State GST laws also prescribe identical provisions in relation to
Registration.
Before proceeding to understand the registration provisions, let us first go through
a few relevant definitions.
2. RELEVANT DEFINITIONS
Agent: means a person, including a factor, broker, commission agent,
arhatia, del credere agent, an auctioneer or any other mercantile agent,
by whatever name called, who carries on the business of supply or receipt
of goods or services or both on behalf of another [Section 2(5)].
Common portal: means the common goods and services tax electronic
portal referred to in section 146 [Section 2(26)].
Council: means the Goods and Services Tax Council established under
article 279A of the Constitution [Section 2(36)].
Place of business: includes [Section 2(85)]:
attracts nil rate of tax or which may be wholly exempt from tax under
section 11 of the CGST Act, or under section 6 of the IGST Act, and
includes non-taxable supply [Section 2(47)].
Taxable territory: means the territory to which the provisions of this Act
apply [Section 2(109)].
Tax period: means the period for which the return is required to be
furnished [Section 2(106)].
(a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any
other similar activity, whether or not it is for a pecuniary benefit;
(b) any activity or transaction in connection with or incidental or ancillary to (a) above;
(c) any activity or transaction in the nature of (a) above, whether or not there is volume,
frequency, continuity or regularity of such transaction;
(d) supply or acquisition of goods including capital assets and services in connection
with commencement or closure of business;
(e) provision by a club, association, society, or any such body (for a subscription or any
other consideration) of the facilities or benefits to its members, as the case may be;
(g) services supplied by a person as the holder of an office which has been accepted by
him in the course or furtherance of his trade, profession or vocation;
(h) activities of a race club including by way of totalisator or a license to book maker or
activities of a licensed book maker in such club
(i) any activity or transaction undertaken by the Central Government, a State
Government or any local authority in which they are engaged as public authorities.
In the subsequent paras, we will see when a person becomes liable to get registered,
what is the procedure for getting registered under GST, how to get the registration
amended, when can the registration be cancelled and when the cancellation of the
4. PERSONS LIABLE
4 FOR REGISTRATION
[SECTION 22]
STATUTORY PROVISIONS
Sub-section Particulars
(1) Every supplier shall be liable to be registered under this Act in the
State or Union territory, other than special category States, from
where he makes a taxable supply of goods or services or both, if his
aggregate turnover in a financial year exceeds twenty lakh rupees.
(2) Every person who, on the day immediately preceding the appointed day,
is registered or holds a license under an existing law, shall be liable to be
registered under this Act with effect from the appointed day.
(iii) the expression “special category States” shall mean the States
as specified in sub-clause (g) of clause (4) of article 279A of
the Constitution except the State of Jammu and Kashmir and
States of Arunachal Pradesh, Assam, Himachal Pradesh,
Meghalaya, Sikkim and Uttarakhand.
ANALYSIS
(i) Threshold limit for registration
Aggregate turnover
--CGST
Value of all outward supplies
--SGST
--Taxable supplies
--UTGST
--Exempt supplies
--IGST
--Exports
--Compensation cess
--Inter-State supplies
--Value of inward supplies on
of persons having same PAN be
which tax is payable under
computed on all India basis
reverse charge
The definition of ‘aggregate turnover’ Section 2(6) [as given above] read with
explanation (i) and (ii) to section 22 has been analysed as follows:
(A) Aggregate turnover to exclude inward supplies on which tax is
payable under reverse charge: It may be noted that the inward
supplies on which recipient is required to pay tax under Reverse Charge
(1) Raghubir Private Ltd. pays GST on sitting fees paid to its
directors for the services rendered by them, taxable under
reverse charge. The value of services provided by the directors
to Raghubir Private Ltd. will form part of the aggregate turnover of the
directors and not of Raghubir Private Ltd even though tax is to be paid
by Raghubir Private Ltd.
(B) Aggregate turnover excludes the elements of tax i.e. CGST, SGST,
UTGST, and IGST and compensation cess
(C) Aggregate turnover includes total turnover of all branches (i.e. all
GST registrations) under same PAN
Aggregate turnover is calculated by taking together the value in respect
of the activities carried out on all-India basis.
(2) A dealer ‘X’ has two offices – one in Delhi and another in
Haryana. In order to determine the aggregate turnover of ‘X’,
turnover of both the offices would be taken into account
subject to provisions of section 24.
(D) Value of exported goods/ services, exempted goods/services,
inter-State supplies including inter-State supplies between distinct
persons having same PAN, to be included in aggregate turnover
The Principal can supply the goods directly from the premises of the
job worker without bringing it back to his own premises.
In case the job worker is unregistered, principal should declare job
worker’s premises as his additional place of business and remove goods
from the same.
If the job worker is a registered person/ principal supplies notified
goods, goods can be supplied directly from the premises of the job
worker.
Supply of goods, after completion of job work, directly from a
registered job worker’s premises is treated as supply of goods by
the principal.
Further, the value of such goods supplied will be included in the
aggregate turnover of the principal and not job worker.
Registered Buyer
Job
worker for processing
supplies goods to job
the same
Principal
The threshold limit prescribed under section 22(1) is ` 20 lakh in a FY, i.e.
every supplier, whose aggregate turnover in a financial year exceeds
` 20 lakh, is liable to be registered under GST in the State/ Union territory
from where he makes the taxable supply of goods and/or services.
(i) ice cream and other edible ice, whether or not containing cocoa
[2105 00 00],
(iii) all goods of Chapter 24, i.e. Tobacco and manufactured tobacco
substitutes,
(iv) fly ash bricks; fly ash aggregates; fly ash blocks [6815],
(d) Person who has opted for voluntary registration or such registered
persons who intend to continue with their registration under the CGST
Act.
In view of the above discussion, the registration requirements under GST can
be summarised as follows:
If in the above example, all other things remaining the same, Prithiviraj is
exclusively engaged in the supply of pan masala instead of shoes, he will not
be eligible for higher threshold limit of ` 40 lakh and the applicable threshold
limit for registration in that given case will be ` 20 lakh. Thus, Prithiviraj will
be liable to get registered under GST.
If instead of pan masala, Prithiviraj is exclusively engaged in supply of taxable
services, the applicable threshold limit for registration will still be ` 20 lakh.
Thus, Prithiviraj will be liable to get registered under GST.
Further, if Prithiviraj is engaged in supply of both taxable goods and services,
the applicable threshold limit for registration will still remain ` 20 lakh only.
Thus, Prithiviraj will be liable to get registered under GST.
(ii) Registration required only for a place of business from where taxable
supply takes place
A supplier is required to obtain registration with respect to each of his place
of business in India from where he is making a taxable supply. However, a
supplier shall not be liable to obtain registration in a State/UT from where he
makes only exempt/non-taxable supply.
It is pertinent to note here that a supplier is required to obtain registration
only in the State(s) “from where taxable supply is made” and not in States
“where taxable supply is made”. It may be noted that if goods and/or services
are supplied in different States, GST registration is not required in each such
State(s).
Category State and taxable supplies from a State other than Special Category
State, the threshold limit shall not be so reduced.
(9) Uday Enterprises is engaged in supply of taxable goods in
Maharashtra. It also supplies alcoholic liquor for human
consumption from Nagaland. Its turnover in the current financial
year is ` 34 lakh in Maharashtra and ` 8 lakh in Nagaland.
Since Uday Enterprises is exclusively engaged in making taxable supplies of
goods from Maharashtra, the applicable threshold limit for obtaining
registration is ` 40 lakh. Further, the threshold limit will not be reduced to
` 10 lakh in this case, as supply of alcoholic liquor for human consumption
from Nagaland (one of the Special Category States) are non-taxable supplies 1.
In the given case, since the aggregate turnover of Uday Enterprises exceeds
the applicable threshold limit of ` 40 lakh, it is liable to obtain registration. It
will obtain registration in Maharashtra, but is not required to obtain
registration in Nagaland as he is not making any taxable supplies from
Nagaland.
(iii) Person liable for registration in case of transfer of business
1
in terms of section 9(1) read with Section 2 (78)
2
clarified vide Circular No. 96/15/2019 GST dated 28.03.2019
exempted from obtaining registration under GST law. The following category of
persons have been notified under the said section:-
However, if in the above case, Dhola & Co. is engaged in inter- State supply
of taxable services instead of goods, it will be eligible for exemption from
registration till its aggregate turnover does not exceed ` 20 lakh.
C. Persons making inter-State taxable supplies of notified handicraft goods
and notified handmade goods up to ` 20 lakh
As we have seen earlier that as per section 24 read
with Notification No. 10/2017 IT, a person making
inter-State supplies of goods is liable to be
registered compulsorily under GST irrespective of
the threshold limit.
However, in the following cases, persons making
inter-State supplies of goods have been exempted
from obtaining registration:
(a) Persons making inter-State taxable supplies of notified handicraft
goods 4 .
3
other than notified handicraft goods and notified hand-made goods
4
Handicraft goods referred herein are goods as defined and notified in Notification No. 21/2018 CT
(R) dated 26.07.2018. This notification notifies the handicraft items which are eligible for
concessional rate of tax, for instance, handcrafted candles, articles made of paper mache, coir
articles, handbags including pouches and purses; jewellery box, hand embroidered articles, art ware
of iron/aluminium, etc. These examples are only for the purpose of knowledge and are not relevant
for examination purposes.
Handicraft goods are defined under said notification as goods predominantly made by hand even
though some tools or machinery may also have been used in the process; such goods are graced
with visual appeal in the nature of ornamentation or in-lay work or some similar work of a
substantial nature; possess distinctive features, which can be aesthetic, artistic, ethnic or culturally
attached and are amply different from mechanically produced goods of similar utility.
5
Some of the notified products are leather articles, carved wood products, wood turning and lacquer
ware, bamboo products, textiles hand printing, theatre costumes, musical instruments, dolls and
toys, etc. These examples are only for the purpose of knowledge and are not relevant for
examination purpose.
6
The provisions relating to e-way bill have been discussed in detail in Chapter 10 in this
Module of the Study Material.
7
subject to fulfilment of other conditions prescribed under said notification.
8
Circular No. 57/31/2018 GST dated 04.09.2018
9
As per the APMC Act, the commission agent is a person who buys or sells the agricultural
produce on behalf of his principal, or facilitates buying and selling of agricultural produce on
behalf of his principal and receives, by way of remuneration, a commission or percentage
upon the amount involved in such transaction.
10
in terms of section 23(1)(a)
(ii) Further, since the services provided by the commission agent for sale/
purchase of agricultural produce are exempt from GST 11, such commission
agents are not liable to be registered in accordance with provisions of
section 23(1)(a) [as discussed above].
(iii) However, where a commission agent is liable to pay tax under reverse charge
for any other services procured by him, such an agent will be required to get
registered compulsorily (We have already seen under previous heading that
persons liable to pay tax under reverse charge are required to obtain
registration mandatorily).
The provisions of section 23 can be summarized in the following diagram:
STATUTORY PROVISIONS
Sub-section Particulars
11
Notification No. 12/2017 CT (R) dated 28.06.2017 [Discussed in Chapter 3 – Exemptions
from GST in Module 1 in Module-1 of the Study material.]
(4) A person who has obtained or is required to obtain more than one
registration, whether in one State or Union territory or more than one
State or Union territory shall, in respect of each such registration, be
treated as distinct persons for the purposes of this Act
(6C) On and from the date of notification, every person, other than an
individual, shall, in order to be eligible for grant of registration,
undergo authentication, or furnish proof of possession of Aadhaar
number of the Karta, Managing Director, whole time Director,
such number of partners, Members of Managing Committee of
Association, Board of Trustees, authorised representative,
(8) Where a person who is liable to be registered under this Act fails
to obtain registration, the proper officer may, without prejudice to
any action which may be taken under this Act or under any other
law for the time being in force, proceed to register such person in
such manner as may be prescribed
(1) The 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 the application for registration or the Unique Identity
Number has not been rejected under this Act within the time
specified in sub-section (10) of section 25.
ANALYSIS
The procedure for registration is governed by section 25 read with the relevant
CGST Rules, 2017. Relevant provisions of CGST Rules, 2017 have been incorporated
at the relevant places. Further, special provisions have been provided for registration
of casual taxable person and non-resident taxable person under section 27. Concept
of deemed registration has been elaborated under section 26.
Under GST, the application for registration has to be submitted electronically at the
GST Common Portal – www.gst.gov.in, duly signed or verified.
A large number of forms/formats relating to registration have been prescribed in the
CGST Rules. For every process in the registration chain such as application for
registration, acknowledgment, query, rejection, registration certificate, show cause
notice for cancellation, reply, cancellation, amendment, field visit report etc., there
are separate standard formats 12. This makes the process uniform all over the country.
The decision-making process has also been expedited. Strict time-lines have been
stipulated for completion of different stages of registration process.
(i) Where and by when to apply for registration? [Section 25(1)]
12
For knowledge purposes students are advised to go through various forms/formats relating
to registration which are a part of the CGST Rules. The online forms can also be viewed at
http://www.gst.gov.in
However, once a person obtains voluntary registration, he has to pay tax even
though his aggregate turnover does not exceed the applicable threshold limit
for registration (` 40 lakh/ ` 20 lakh/ ` 10 lakh, as the case may be).
(iv) Distinct Persons/ establishments of distinct persons [Section 25(4) & (5)]
A person who has obtained/ is required to obtain more than one registration,
whether in one State/ Union territory or more than one State/Union territory
shall, in respect of each such registration, be treated as distinct persons.
(v) PAN must for obtaining registration [Section 25(6) & (7)]
(vi) Unique Identity Number (UIN) [Section 25(9) & (10) read with rule 17]
This UIN is needed for claiming refund of taxes paid on notified supplies of
goods and/or services received by them, and for such other purpose as may
be notified. The UIN granted would be a centralized UIN i.e. it shall be
applicable to the whole territory of India. A person having UIN is not
considered as a registered person and thus, is not a taxable person.
(vii) Suo-motu registration by the proper officer [Section 25(8) read with
rule 16]
(viii) Procedure for registration [Section 25 read with rules 8, 9 & 10]
Provisions relating to procedure for application for registration, verification
of the application and approval & issue of registration certificate are
contained in the rules 8, 9 and 10 respectively. The same have to be read in
conjunction with the provisions of section 25. The procedure for obtaining
registration as prescribed under rules 8, 9 and 10 is also applicable to a person
paying tax under composition levy, every person seeking voluntary
registration as well as a casual taxable person. Such persons shall apply for
registration in Form GST REG 01. The application for registration in GST Form
REG 01 is divided into two parts – Part A and Part B.
Separate registration forms and procedure have been prescribed for each of
the aforesaid persons.
In order to cater to the needs of tax payers who are not IT savvy, Facilitation
centres have been established which help the taxpayer in submitting the
application for registration, amending the registration certificate, submitting
application for cancellation of registration, revocation of cancellation of
registration, etc. Facilitation Centre shall be responsible for the digitization
and/or uploading of the forms and documents.
Thus, there may be a case where two units of a tax payer are located in same
State/UT - one in SEZ and another outside SEZ. In that case, separate
registrations have to be obtained for each of the two units as separate places
of business.
Under GST, one registration per State is required. However, since in this case,
one of the two units of Suvarna Industries is located in SEZ, SEZ unit will have
to compulsorily make a separate application for registration as a place of
business distinct from unit located outside SEZ in the same State
There is no threshold limit for registration for an ISD. A person who follows
ISD mechanism is required to obtain a separate registration even though it
may be otherwise registered in the same State, though the application shall
be made in Form GST REG 01 only. An office of a person like marketing
division, security division etc. which receives common services getting
consumed by different GST registered locations may apply for a separate ISD
registration. Procedure for registration has been depicted by way of a
diagram on next page:
Part I
Every person liable to get registered and person seeking voluntary registration
shall, before applying for registration, declare his Permanent Account Number
(PAN) and State/UT in Part A of FORM GST REG-01 on GST Common Portal.
PAN is validated online by Common Portal from CBDT database and is also
be verified through separate OTPs sent to the PAN linked mobile
number and e-mail address.
Aadhaar authentication
[Section 25(6A), (6B), (6C) & (6D) read with rules 8, 9, 10B and 25]
As seen above, there’s a simplified registration procedure under GST.
However, this easy registration procedure was unduly misused by fly-by-night
operators. Thus, in an endeavor to curb/check such operators and to increase
compliance, aadhaar e-KYC based registration has been introduced under the
GST law. Aadhaar authentication is mandatory for the new applicants
(whether an individual applicant or otherwise) in order to be eligible for grant
of registration. Aadhaar Authentication process has been introduced, for the
persons applying for GST registration as normal taxpayer/ composition
dealer/ casual taxable person/ Input Service Distributor (ISD)/ SEZ Developer/
SEZ Unit etc, in Form GST REG 01.
Existing registrants (those who are already registered under GST) are also
required to undergo aadhaar authentication.
How is the aadhaar authentication done?
New registrants
While filing the application for registration, the applicant gets an option as
to whether he wants to opt for an Aadhaar authentication or not. If he opts
‘Yes’ for Aadhaar authentication, GST system sends "authentication link" on
the mobile numbers and email ids (mentioned in the registration application)
of promotor/partner, and primary authorized signatory which are selected by
the applicant 13.
On clicking the verification link, a window for Aadhaar authentication opens
where they enter the Aadhaar Number and the OTP received by them on the
mobile number and email id linked with Aadhaar.
Once Aadhaar authentication has been successfully validated, his application
will be deemed to be approved within 7 working days and the registration
application submitted by him will not be marked for mandatory site visit,
unless the tax official raises a show cause notice within stipulated time.
13
While opting for Aadhaar authentication, the applicant needs to select atleast 1 Primary
Authorized Signatory and 1 Promoter/ Partner/Karta/Director/Member for authentication
purposes.
However, in case the applicant does not opt for Aadhaar authentication while
applying for registration or where his Aadhar authentication fails in validation,
registration application will not be deemed approved within 7 working days
and it will be marked for mandatory site visit and approval thereafter, by the
tax official. Registration application will get deemed approved after 30
calendar days, if tax official doesn't take any action.
If tax official raises SCN within 30 calendar days, then applicant has 7 working
days to reply to it. Tax official can take further action on that reply within 7
working days. If tax official doesn't take any action after receipt of applicant’s
reply within next 7 working days, his application will get deemed approved.
Existing registrants
All the regular taxpayers and composition taxpayer are required to get
Aadhaar authenticated for existing GST registration. An existing taxpayer can
get himself Aadhaar authenticated on GST portal using either Aadhaar
authentication link or uploading E-KYC documents 14.
A. Persons required to undergo aadhaar authentication
As per section 25(6A), (6B) and (6C), following persons are required to
undergo aadhaar authentication:
14
It is not mandatory for every authorized signatory, promoter or partner to get Aadhaar
authenticated for an existing GST registration. The Aadhaar authentication will be needed
only for 1 Primary Authorized Signatory and 1 Promoter/ Partner/ Karta/ Director/ Member.
15
Notification No. 18/2020 CT dated 23.03.2020
16
Notification No. 19/2020 CT dated 23.03.2020
17
Provisos to section 25(6B) and 25(6C) read with Notification No.s 18 and 19/2020 CT both
dated 23.03.2020
18
First proviso to section 25(6A)
Section 25(6D) stipulates that above provisions shall not apply to such
person or class of persons or any State or Union territory or part thereof,
as may be notified.
19
Second proviso to section 25(6A)
20
Notification No. 03/2021 CT dated 23.02.2021
(A) Both CTP 21 and NRTP have to compulsorily get registered under
GST irrespective of the threshold limit, at least 5 days prior to
commencement of business.
(B) As per section 25(6), every person must have a PAN to be eligible
for registration. Since NRTP will generally not have a PAN of India,
he may be granted registration on the basis of other prescribed
documents.
Thus, a NRTP being an individual has to submit a self-attested
copy of his valid passport along with the application duly signed
or verified through electronic verification code by his authorized
signatory who is an Indian Resident having valid PAN. However,
in case of a business entity incorporated or established outside
India, the application for registration shall be submitted along
with its tax identification number or unique number on the basis
of which the entity is identified by the Government of that country
or its PAN, if available.
Application will be submitted by NRTP in a different prescribed
form whereas CTP will submit the application for registration in
the normal form for application for registration i.e. Form GST REG
01 and his registration of CTP will be a PAN based registration.
(C) Period of validity of registration certificate granted to CTP/NRTP
Registration Certificate granted to
CTP/NRTP will be valid for:
(i) Period specified in the CTP and NRTP will
registration application, or make taxable
supplies only after
(ii) 90 days from the effective date the issuance of the
of registration [can be certificate of
extended further by a period registration.
not exceeding 90 days by
making an application before
the end of the validity of registration granted to him]
21
Subject to exemption from registration under Notification No. 56/2018 CT dated
23.10.2018
whichever is earlier.
Provisions relating to verification of application and grant of
registration [under rules 9 and 10] will apply mutatis mutandis, to
an application for registration filed by NRTP.
(D) Advance deposit of tax
At the time of submitting the registration application, CTP/NRTP are
required to make an advance deposit of tax** of an amount equivalent
to the estimated tax liability of such person for the period for which the
registration is sought.
Further, CTP/NRTP will get a Temporary Reference Number (TRN) for
making an advance deposit of tax which shall be credited to his
electronic cash ledger. An acknowledgement of receipt of application
for registration is issued only after said deposit
In such cases, he would not be required to pay advance tax [Refer Point D]
for the purpose of registration. He can surrender such registration once the
exhibition is over [Circular No. 71/45/2018 GST dated 26.10.2018].
(xi) Deemed registration [Section 26]
Registration under GST is not tax specific, which means that there is single
registration for all the taxes i.e. CGST, SGST/UTGST, IGST and cess.
Grant of registration/UIN under any SGST Act/ UTGST Act is deemed to be
registration/UIN granted under CGST Act provided application for
registration has not been rejected under CGST Act.
Further, rejection of application for registration/UIN under SGST Act/UTGST
Act is deemed to be rejection of application for registration under CGST Act.
Proper Officer shall follow the procedure laid down for cancellation of
registration prescribed under this Act and rules therein.
STATUTORY PROVISIONS
Sub-section Particulars
(2) The proper officer may, on the basis of information furnished under
sub-section (1) or as ascertained by him, approve or reject
ANALYSIS
A registered person or UIN holder may need to make some changes/amendments
in the registration application. There are two categories of details in registration
application – core and non-core fields.
Core fields are name of the business, (legal name) if there is no change in PAN,
addition / deletion of stakeholders 22, principal place of business (other than change
in State) or additional place of business (other than change in State). All other
fields are non-core fields like name of day to day functionaries, e-mail ids, mobile
numbers etc.
In case the change is in core information in the registration application, the
taxable person will apply for amendment within 15 days of the event necessitating
the change. The proper officer, then, will approve the amendment within next 15
days. For other changes – non-core information, no approval of the proper officer
is required, and the amendment can be affected by the taxable person on his own
on the common portal.
The provisions relating to amendment of registration are contained in section 28
read with rule 19.
22
Refer diagram given on next page.
The proper officer shall not reject the application for amendment in the
registration particulars without giving the person an opportunity of being
heard.
Any particulars of the application for registration shall not stand amended
with effect from a date earlier than date of submission of application for
amendment on common portal except with order of Commissioner for
reasons to be recorded in writing and subject to conditions specified by
Commissioner in the said order.
Submission of
Core areas application within 15
days of change
Registered
Person/ UIN
GST
holder
Common Portal
Non-core areas
Approval to be
granted within next
Registration certificate 15 days No
amended Is PO of the opinion
that amendment is
unwarranted/
Yes documents
PO will serve a SCN why
application for amendment within 15 working days of furnished are
should not be rejected? receipt of application incomplete/
incorrect?
No
Yes
If reply is
satisfactory? Application for
amendment shall be
rejected.
Within 7 working days of receipt of
l
Varun agrees and changes the constitution of his business and form a partnership
firm – Varun Arun & Co. Since the change in constitution of business from sole
proprietorship firm to partnership firm results in change in PAN of the registered
person, the partnership firm has to apply for fresh registration. The reason for the
same is that GSTIN is PAN based. Any change in PAN would warrant a new
registration.
9. CANCELLATION
9 OR SUSPENSION OF
REGISTRATION AND REVOCATION OF
CANCELLATION [SECTIONS 29 & 30]
STATUTORY PROVISIONS
Section 29 Particulars
(a) the business has been discontinued, transferred fully for any
reason including death of the proprietor, amalgamated with
other legal entity, demerged or otherwise disposed of
(2) The proper officer may cancel the registration of a person from such
date, including any retrospective date, as he may deem fit, where,–
(b) a person paying tax under section 10 has not furnished the
return for a financial year beyond three months from
the due date of furnishing the said return
(d) any person who has taken voluntary registration under sub-
section (3) of section 25 has not commenced business within
six months from the date of registration
Provided that the proper officer shall not cancel the registration
without giving the person an opportunity of being heard.
(3) The cancellation of registration under this section shall not affect
the liability of the person to pay tax and other dues under this Act
or to discharge any obligation under this Act or the rules made
thereunder for any period prior to the date of cancellation whether
or not such tax and other dues are determined before or after the
date of cancellation.
(4) The cancellation of registration under the State Goods and Services
Tax Act or the Union Territory Goods and Services Tax Act, as the
case may be, shall be deemed to be a cancellation of registration
under this Act.
(2) The proper officer may, in such manner and within such period as
may be prescribed, by order, either revoke cancellation of the
registration or reject the application.
Provided that the application for revocation of cancellation of
registration shall not be rejected unless the applicant has been given
an opportunity of being heard.
ANALYSIS
Where the
Voluntary For example, in case of
registered
cancellation by death of registered
person no more
registered person, the legal heirs can
requires the
Cancellation of
registration
--Business discontinued
--Transferred fully for any Taxable person who
reason including death of is no longer liable to
the proprietor Change in the be registered under
--Amalgamated with other constitution of the section 22 or section
legal entity business 24 or who intends to
opt out of the
--Demerged or
voluntary registration.
--Otherwise disposed of
A registered person
has contravened the
prescribed provisions
(Refer I below)
23
Provisions of section 16 have been discussed in detail in Chapter 7 – Input tax credit in this
Module of the Study Material.
24
Provisions of rule 86B have been discussed in detail in Chapter 7 – Input tax credit.
whichever is later,
pending the completion of proceedings for cancellation of
registration.
2. Where cancellation of the registration has been initiated by
the Department on its own motion: Where the proper officer
has reasons to believe that the registration of a person is liable to
be cancelled, he may suspend the registration of such person with
effect from a date to be determined by him, pending the
completion of the proceedings for cancellation of registration.
Apart from the above, where, a comparison of the returns
furnished by a registered person under section 39 with:
(a) the details of outward supplies furnished in Form GSTR-1;
or
(b) the details of inward supplies derived based on the details
of outward supplies furnished by his suppliers in their Form
GSTR-1,
or such other analysis, as may be carried out on the
recommendations of the Council, show that there are significant
differences or anomalies indicating contravention of the
provisions of the CGST Act or the rules made thereunder, leading
to cancellation of registration of the said person, his registration
shall be suspended.
Said person shall be intimated in prescribed form by sending a
communication to his e-mail address provided at the time of
registration or as amended from time to time.
In this intimation for suspension and notice for cancellation of
registration, the said differences and anomalies are highlighted
and said person is asked to explain, within a period of 30 days, as
to why his registration shall not be cancelled.
25
Section 54 contains provisions relating to refunds under GST discussed in Chapter 15 –
Refunds in Module 3 of the Study Material.
26
Provisions relating to revised tax invoice have been discussed in detail in Chapter 9 - Tax
Invoice; Credit and Debit Notes in this Module of the Study Material.
27
Provisions relating to first return have been discussed in detail in Chapter 13 - Returns in
this Module of the Study Material.
28
under section 29(1)
If reply to SCN is satisfactory, proper officer shall drop the proceedings and
pass an order in prescribed form. However, where the person instead of
replying to the SCN served for failure to furnish returns for a continuous
period of 6 months or 2 tax periods, as the case may be (return for a F.Y.
beyond 3 months from due date of furnishing the said return in case of
composition scheme supplier) 29 furnishes all the pending returns and makes
full payment of the tax dues along with applicable interest and late fee, the
proper officer shall drop the proceedings and pass an order.
Where registration of a person is liable to be cancelled, proper officer shall
issue the order of cancellation of registration within 30 days from the date of
reply to SCN.
29
i.e., contravention of the provisions contained in section 29(2)(b)/(c) read with clauses (h)
& (i) of rule 21
(23) Capital goods have been in use for 4 years, 6 month and 15
days. The useful remaining life in months = 5 months ignoring a
part of the month.
ITC taken on such capital goods = C
ITC attributable to remaining useful life = C x 5/60
30
A taxable person whose GST registration is cancelled or surrendered has to file a return
known as Final Return. This is statement of stocks held by such taxpayer on day immediately
preceding the date from which cancellation is made effective. Detailed provisions of Final
Return are discussed in Chapter 13 -Returns.
31
whether or not such tax and other dues are determined before or after the date of
cancellation.
Date of order of
cancellation of
cancellation of
revocation of
registration
registration
returns not
furnished
Effective date of
cancellation of
registration
Date of order of
cancellation of
cancellation of
revocation of
registration
registration
returns not
furnished
Effective date of
cancellation of
registration
Points to be noted
LET US RECAPITULATE
Nature of registration
Registration under GST is not tax specific, i.e. single registration for all the
taxes i.e. CGST, SGST/UTGST, IGST and cesses.
In case of transfer of
•transferee liable to be registered from the date of
business on account of
succession of business
succession, etc.
Inter
Taxable Exempt Aggregate
Exports State
Supplies supplies Turnover
supplies
Those ecommerce
Non-resident taxable
operators who are Persons who are
persons who do not
notified as liable for tax required to deduct tax
have a fixed place of
payment under section under section 51 (TDS)
business in India
9(5)
Input Service
Every person supplying OIDAR
Distributor, whether Person/ class of persons
services from a place outside
or not separately notified by the Central/
India to a person in India other
registered under State Government
than a registered person
this Act
Deemed registration
Deemed registration
Part I
Every person liable to get registered and person seeking voluntary registration shall,
before applying for registration, declare his Permanent Account Number (PAN) and
State/UT in Part A of FORM GST REG-01 on GST Common Portal.
PAN is validated online by Common Portal from CBDT database and is also be
verified through separate OTPs sent to the PAN linked mobile number and e-
mail address.
authentica
validates his verification identified on common
tion/ does Yes
aadhaar portal, based on data Proper officer
not opt for Proper officer will grant registration
authentication, analysis & risk may reject the
Aadhaar within 7 working days from the
authentication parameters, to carry application for
(A) date of receipt of information/
out site verification reasons to be
clarification/ documents
(B) (B) (B) recorded in
writing.
**Clarification includes modification/correction of particulars declared in the application
for registration other than PAN, State Mobile No. & E-mail address.
REGISTRATION 8.87
GST law prescribes special procedure for registration, as also for extension of
the operation period of such Casual or Non-Resident taxable persons.
They have to apply for registration at least 5 days in advance before making
any supply.
Amendment of Registration
Except for the changes in some core information in the registration application,
a taxable person shall be able to make amendments without requiring any
specific approval from the tax authority.
In case the change is core fields of information, the taxable person will apply
for amendment within 15 days of the event necessitating the change. The
Proper Officer, then, will approve the amendment within the next 15 days.
For changes in non-core fields, no approval of the Proper Officer is required,
and the amendment can be affected by the taxable person on his own on the
common portal.
Once a registered person has applied for cancellation of registration or the proper officer
seeks to cancel his registration, proper officer may suspend his registration during
pendency of proceedings relating to cancellation of registration filed by such registered
person.
Revocation of cancellation
In case where registration is cancelled suo-motu by the proper officer, the taxable person can apply
within 30 days (extendible by 30 days by Additional/Joint Commissioner and by further 30 days by
Commissioner) of service of cancellation order, requesting the officer for revoking the cancellation
ordered by him.
However, before so applying, the person has to make good the defaults (by filing all pending returns,
making payment of all dues and so) for which the registration was cancelled by the officer.
If satisfied, the proper officer will revoke the cancellation earlier ordered by him.
However, if the officer concludes to reject the request for revocation of cancellation, he will first
observe the principle of natural justice by way of issuing notice to the person and hearing him on the
issue.
However, there shall be deemed revocation of cancellation upon furnishing of pending GST
returns subject to the condition that the registration has not been cancelled by the proper
officer under rule 22
(2) Explain with reasons whether your answer in (1) will change in the
following independent cases:
(a) If Mahadev Enterprises is dealing exclusively in taxable supply of
goods only from Himachal Pradesh;
(b) If Mahadev Enterprises is dealing in taxable supply of goods and
services only from Himachal Pradesh;
* excluding GST
You are required to provide reasons for treatment of various items given above.
5. With the help of the following information in the case of M/s Jayant Enterprises,
Jaipur (Rajasthan) for the financial year, determine the aggregate turnover for
the purpose of registration under the CGST Act.
It argues that it does not have taxable turnover crossing threshold limit of
` 40,00,000 either at Chennai, Tamil Nadu, Bengaluru, Karnataka or Manipur
branch. Further, it believes that the determination of aggregate turnover is not
required for the purpose of obtaining registration but is required for
determining the eligibility for composition levy.
Determine the aggregate turnover of Rajesh Dynamics. You are also required
to review the technical veracity of the arguments of Rajesh Dynamics.
ANSWERS/HINTS
(i) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(ii) ` 20 lakh for the rest of India.
As per section 2(6), aggregate turnover includes the aggregate value of:
Note: As per section 2(47), exempt supply includes non-taxable supply. Thus,
intra-State supply of non-taxable goods in Uttarakhand, being a non-taxable
supply, is an exempt supply and is, therefore, included in the aggregate
turnover.
In the given case, Mahadev Enterprises is engaged in exclusive intra-State
supply of goods from Himachal Pradesh, Tripura and Uttarakhand. However,
since Mahadev Enterprises makes taxable supply of goods from one of the
specified Special Category States (i.e. Tripura), it will not be eligible for the
higher threshold limit of ` 40 lakh; instead, the threshold limit for registration
will be reduced to ` 10 lakh.
(1) In view of the above-mentioned provisions, Mahadev Enterprises is
liable to be registered under GST law with the aggregate turnover
amounting to ` 56,90,000 (computed on all India basis) of the States of
Himachal Pradesh, Uttarakhand and Tripura since the applicable
threshold limit of registration in this case is ` 10 lakh. Further, he is not
liable to be registered in Uttarakhand since he is not making any taxable
supply from Uttarakhand.
However, the position will change from 1st November as the supply of
goods become taxable from that day and the turnover of company is
above ` 40 lakh. It is important to note here that in terms of section
2(6), the aggregate turnover limit of ` 40 lakh includes exempt turnover
also.
Therefore, turnover of ‘X’ prior to 1st November will also be considered
for determining the limit of ` 40 lakh even though the same was exempt
from GST. Therefore, the company needs to register within
30 days from 1st November (the date on which it becomes liable to
registration) in terms of section 25(1).
(b) Section 18(1)(a) provides that a person who has applied for registration
within 30 days from the date on which he becomes liable to registration
and has been granted such registration shall be entitled to take credit
of input tax in respect of inputs held in stock and inputs contained in
semi-finished or 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.
Thus, LMN Pvt. Ltd. cannot avail credit for additional machinery
purchased exclusively for manufacturing X as input tax credit of only
inputs is allowed when a person gets registered for the first time.
3. (a) Section 22(1) read with Notification No. 10/2019 CT dated 07.03.2019
inter alia provides that every supplier who is exclusively engaged in
intra-State supply of goods is liable to be registered under GST in the
State/ Union territory from where he makes the taxable supply of goods
only when aggregate turnover in a financial year exceeds ` 40,00,000.
However, the above provisions are not applicable to few specified
States, i.e. States of Arunachal Pradesh, Manipur, Meghalaya, Mizoram,
Nagaland, Puducherry, Sikkim, Telangana, Tripura, Uttarakhand.
However, a person exclusively engaged in the business of supplying
goods and/or services that are not liable to tax or are wholly exempt
from tax is not liable to registration in terms of section 23(1)(a).
In the given case, the turnover of the company for the half year ended
on 30th September is ` 50 lakh which is more than the applicable
Therefore, in the given case, SNP Pvt. Ltd. could not claim credit on
machinery till the time the supply of product ‘Z’ for which said
machinery was being used was exempt. However, it can claim credit
from 31st October - the day immediately preceding the date from which
the supply of product ‘Z’ became taxable (1st November).
The credit will be available for the remaining useful life of the machinery
and will be computed as follows:
(i) ` 10 lakh for the States of Mizoram, Tripura, Manipur and Nagaland.
(ii) ` 20 lakh for the rest of India.
As per section 2(6), aggregate turnover includes the aggregate value of:
(i) all taxable supplies,
(ii) all exempt supplies,
(iii) exports of goods and/or services and
(iv) all inter-State supplies of persons having the same PAN.
The above is computed on all India basis. Further, the aggregate turnover
excludes central tax, State tax, Union territory tax, integrated tax and cess.
Moreover, the value of inward supplies on which tax is payable under reverse
charge is not taken into account for calculation of ‘aggregate turnover’.
In the given question, since Rishabh Enterprises is engaged in making taxable
supplies of goods and services from Maharashtra and non-taxable supplies
from Uttarakhand, the threshold limit for obtaining registration is
` 20 lakh.
In the light of the afore-mentioned provisions, the aggregate turnover of
Rishabh Enterprises is computed as under:
Computation of aggregate turnover of Rishabh Enterprises
Particulars `
Supply of goods, after the completion of job work, from the Nil
place of Jayant Enterprises, directly by the principal [Note-2]
The above solution has been worked out on the assumption that supply to another place of
32
Notes:-
1. As per section 2(47), exempt supply includes non-taxable supply. Thus,
supply of diesel, being a non-taxable supply, is an exempt supply and
exempt supply is specifically includible in aggregate turnover in terms
of section 2(6).
2. Supply of goods after completion of job work by a principal by declaring
the place of business of job worker its additional place of business shall
be treated as the supply of goods by the principal in terms of
explanation (ii) to section 22.
3. Export supplies are specifically includible in the aggregate turnover in
terms of section 2(6).
4. Supply made without consideration to units within the same State is a
not a supply and hence not includible in aggregate turnover.
5. Outward supplies taxable under reverse charge would be part of the
“aggregate turnover” of the supplier of such supplies. Such turnover is
not included as turnover in the hands of recipient.
As per section 22 read with Notification No. 10/2019 CT dated
07.03.2019, a supplier is liable to be registered in the State/ Union
territory from where he makes a taxable supply of goods and/or
services, if his aggregate turnover in a financial year exceeds the
threshold limit. The threshold limit for a person making exclusive intra-
State taxable supplies of goods is as under:-
(i) ` 10 lakh for the States of Mizoram, Tripura, Manipur and
Nagaland.
(ii) ` 20 lakh for the States of Arunachal Pradesh, Meghalaya,
Puducherry, Sikkim, Telangana and Uttarakhand.
(iii) ` 40 lakh for rest of India.
The threshold limit for a person making exclusive taxable supply of
services or supply of both goods and services is as under:-
The applicable turnover limit for registration, in the given case, will be
` 20 lakh as Rajasthan is not a Special Category State and M/s. Jayant
Enterprises is engaged in supply of goods and services. Although, the
aggregate turnover of M/s Jayant Enterprises does not exceed
` 20 lakh, it is compulsorily required to register in terms of
section 24(i) irrespective of the turnover limit as it is engaged in making
inter-State supply of goods in the form of exports to England.
6. Computation of aggregate turnover of Rajesh Dynamics:
Particulars `
Apart from this, Rajesh Dynamics is also wrong in believing that aggregate
turnover is computed only for the purpose of determining the eligibility limit
for composition levy since the aggregate turnover is required for determining
the eligibility for both registration and composition levy.
Last but not the least, Rajesh Dynamics is compulsorily required to register
under section 24 irrespective of the turnover limit as it is liable to pay tax on
inward supplies under reverse charge and it also makes inter-State taxable
supply.