Dr.
SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY
Lucknow
Faculty of Law
RESEARCH PROJECT ON
GST REGISTRATION
For
SUBMITTED BY- SUBMITTED TO-
ROOPAM SINGH MA’AM
B.Com. LLB FACULTY OF LAW
Roll No. -
ACKNOWLEDGEMENTS
I would like to express my special thanks of gratitude to my teacher ma,amwho gave me the
golden opportunity to do this wonderful project on the topic GST REGISTRATION, which also
helped me in doing a lot of Research and i came to know about so many new things I am really
thankful to them.
Secondly, I would also like to thank my friends & Parents who helped me a lot in finalizing this
project within the limited time frame.
Table Of Contents
GST-MEANING
GST REGISTRATION
APPLICABILITY OF GST
WHO SHOULD REGISTER FOR GST
PENALTY FOR NOT REGISTERING UNDER GST
PROCEDURE TO REGISTER UNDER GST
TYPES OF GST
CANCELLATION OF REGISTRATION
CONSEQUENCES OF CANCELLATION
WHO CAN CANCEL THE GST REGISTRATION?
CONCLUSION
GST-Meaning
GST is an indirect tax that is levied on goods as well as services. All the existing state and
central indirect taxes are subsumed under the GST. It is be applicable throughout the country
(except Jammu and Kashmir). It is also referred as “GST as One Nation One Tax”.
GST Registration
The Goods and Services Tax (GST) Registration services at Clear Tax helps you to get your
business GST registered and obtain your GSTIN.
Clear Tax GST experts will guide you on the applicability and compliances under GST for your
business and get your business registered under .
Applicability of GST
In the GST Regime, businesses whose turnover exceeds Rs.40 lakhs* (Rs10 lakhs for NE and hill
states) is required to register as a normal taxable person. This process of registration is called
GST registration.
For certain businesses, registration under GST is mandatory. If the organization carries on
business without registering under GST, it will be an offence under GST and heavy penalties will
apply.
GST registration usually takes between 2-6 working days.
There is no requirement for re-registration or renewal under GST, as it has no expiry.
If you are GST registered then you can avail the benefit of Input Tax Credit wherein you will have
to pay only the difference between GST paid and payable.
*CBIC has notified the increase in threshold turnover from Rs20 lakhs to Rs40 lakhs. The
notification will come into effect from 1st April 2019.
Who Should Register for GST?
Individuals registered under the Pre-GST law (i.e., Excise, VAT, Service Tax etc.)
Businesses with turnover above the threshold limit of Rs.40 Lakhs* (Rs.10 Lakhs for North-
Eastern States, J&K, Himachal Pradesh and Uttarakhand)
Casual taxable person / Non-Resident taxable person
Agents of a supplier & Input service distributor
Those paying tax under the reverse charge mechanism
Person who supplies via e-commerce aggregator
Every e-commerce aggregator
Person supplying online information and database access or retrieval services from a place
outside India to a person in India, other than a registered taxable person
Penalty for not registering under GST
An offender not paying tax or making short payments (genuine errors) has to pay a penalty of 10%
of the tax amount due subject to a minimum of Rs.10,000.
The penalty will at 100% of the tax amount due when the offender has deliberately evaded paying
taxes
Procedure to Register Under GST
Step 1: Go to https://reg.gst.gov.in/registration/website.
Step 2: First, we will have to fill Part A i.e. to select “New Registration” option and fill in the
following details:
Select your identity as “Taxpayer”.
Select state and district
Write name of your business (As mentioned on the PAN card)
PAN card number of your business
Email address and mobile number (For the purpose of OTP)
Select “Proceed for OTP verification
Step 3: OTP will be sent on your mobile number and email address.
On the OTP verification page, fill in the OTPs received on your mobile number and email
address and click “Continue”.
Step 4: On successful verification of OTP, you will receive a “Temporary Reference Number
(TRN)” on your mobile number and email address.
The screen will display a message which says that you will have to file the Part B of the
application before the specified date as mentioned in the same message.
Step 5: Once again go to the same website to complete the Part B of the GST registration
process.
Step 6: Select “Temporary Reference Number (TRN)” option.
Enter the TRN and the displayed captcha image.
Select “Proceed”
Once again you will receive new OTP on your mobile number and email address.
Fill the OTP and select “Proceed” for OTP verification.
Step 7: On the website a dashboard will display the status of your application as “Draft” and an
icon to edit will be displayed. Select the icon.
Now the form will have 10 section for various categories of information.
Fill in the appropriate details and upload the required documents.
Step 8: Once all information is filled go to the “Verification” page.
Tick on the declaration and submit the application using either a DSC (DSC is compulsory for
Companies and LLLPs) or E-signature or Electronic Verification Code which is sent to the
registered mobile number.
Step 9: After following all the above steps your application will be submitted successfully and
you will receive an “Application Reference Number (ARN)”.
You can check the status of your application by entering the ARN on the GST Portal.
Documents Required for GST Registration
Photograph
ID Proof (Any two)
PAN CARD (Compulsory)
Aadhar Card
Election Card
Passport
Constitution document:
Proprietor: Shop Act Registration
Partnership Firm: Partnership Deed, Certificate of Incorporation in case of LLP
Company (Pvt Ltd/OPC): Certificate of Incorporation
Proof of Principal Place of Business
Owned : Property Tax paid receipt, Light Bill
Rented : Rent Agreement, Light bill
Bank Account of Business
Cancelled Cheque
Copy of Bank Statement
First page of Pass Book
Address Proof of Residence (Any one)
Light Bill
Telephone Bill
Property Tax paid receipt
Authority letter in the name of the Authorized Person, if any
Turn Around Time (TAT):
Depends upon the time taken by the department to acknowledge and verify the form.
Types of GST
1. Central Goods & Service Tax (CGST)
As per the Central Goods & Services Tax Act 2016, CGST is the centralized part of GST that
subsumes the present central taxations and levies- Central Sales Tax, Central Excise Duty,
Services Tax, Excise Duty under Medical & Toiletries Preparation Act, Additional Excise Duties
Countervailing Duty (CVD), Additional Custom Duty and other centralized taxations.
CGST is applicable on the supply of goods and services of standard services and commodities
which can be amended periodically by a specialized body under the central government. The
revenue collected under CGST belongs to the central government. The input tax is given to the
state governments which they can utilize only against the payment of CGST.
2. State Goods & Services Tax (SGST)
SGST is an important part of GST. It stands for State Goods & Services Tax as per the 2016 GST
bill. Various taxations and levies under the state authority are subsumed by SGST as one uniform
taxation. It includes the amalgamation of State Sales Tax, Luxury Tax, Entertainment Tax, Levies
on Lottery, Entry Tax, Octroi and other taxations related to the movement of commodities and
services under state authority through one uniform taxation- SGST.
Revenue collected under SGST belongs to the State Government. However, the mainstream
framework of the state governing body will be supervised by the central government. Each state
will be having their own State Authority to collect SGST.
3. Integrated Goods & Services Tax (IGST)
GST focuses on the concept of one tax, one nation. IGST stands for Integrated Goods and
Services Tax which is charged on the supply of commodities and services from one state to
another state. For example, if the supply of goods and services occurs between Gujarat and
Maharashtra, IGST will be applicable.
Under Article 269A of the Indian Constitution, the inter-state trade and commerce activities that
involve the movement of commodities and services shall be levied with an integrated tax (IGST)
under the GST regime. The Government of India will collect the revenue under IGST. Further
changes can be made by the Goods and Services Tax Council of India.
4. Union Territory Goods & Services Tax (UTGST)
As we have already learned about CGST and SGST which are intra-state taxations and IGST
which is inter-state, the union territories in India are accounted under a specialized taxation called
Union Territory Goods and Services Tax as per the GST regime 2016. It will subsume the various
taxations, levies and duties with one uniform taxation in Union Territories as well.
Delhi (India’s Capital Territory), Chandigarh, Dadra & Nagar Haveli, Andaman & Nicobar Islands,
Daman & Diu, Lakshadweep and Puducherry are the prominent union territories in India. UTGST
will account for all the taxations under these union territories in India. The parliament is looking
forward to implement a separate act to impose and supervise GST in Union Territories under the
name of UTGST act. The bill will be presented in respective union territories for further changes in
the implementation of GST.
Cancellation of Registration
Cancellation of GST registration simply means that the taxpayer will not be a GST registered
person any more. He will not have to pay or collect GST.
Consequences of Cancellation
The taxpayer will not pay GST anymore
For certain businesses, registration under GST is mandatory. If the GST registration is
cancelled and business is still continued, it will mean an offence under GST and heavy
penalties will apply.
Who can cancel the GST registration?
Cancellation of GST registration can be done by-
*** Application for cancellation, in case of voluntary registrations made under GST, can be made
only after one year from the date of registration.
Cancellation when Turnover is less than 20 lakhs
Every person who was registered under old laws had to mandatorily migrate to GST. Many such
persons are not liable to be registered under GST.
For example, the threshold under VAT in most states was 5 lakhs whereas it is 20 lakhs under
GST. However, do make sure you are not making inter-state supplies since registration is
mandatory for inter-state suppliers except for service providers.
Such a taxpayer can submit an application electronically in FORM GST REG-29 at the common
portal.
The proper officer shall, after conducting an enquiry as required will cancel the registration.
CONCLUSION
Implementation of GST is one of the best decision taken by the Indian government. For the same
reason, July 1 was celebrated as Financial Independence day in India when all the Members of
Parliament attended the function in Parliament House. The transition to the GST regime which is
accepted by 159 countries would not be easy. Confusions and complexities were expected and
will happen. India, at some point, had to comply with such regime. Though the structure might not
be a perfect one but once in place, such a tax structure will make India a better economy favorable
for foreign investments. Until now India was a union of 29 small tax economies and 7 union
territories with different levies unique to each state. It is a much accepted and appreciated regime
because it does away with multiple tax rates by Centre and States. And if you are doing any kind
of business then you should register for GST as it is not only going to help Indian government but
will help you also to track your business weekly as in GST you have to make your business activity
statement each week.
