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TAXABLE PERSON
CA. ANKITA GARG
E-Mail: ankita@taxconsultantindia.in
M:- 91-9999466272
W:- www.taxconsultantindia.in
Who is a Taxable Person?
Sec.2(107):Taxable Person means a person who is
registered or liable to be registered under Section 22 or
Section 24
๏ƒ˜ It will cover all types of person carrying on business
activities i.e. manufacturer, job worker, trader , exporter ,
all types of service providers
5/13/2017
PERSON
REGISTERED-CAN
BE VOLUNTARY
REGISTRATION
LIABLE TO BE
REGISTERED
Entry of businesses in to the arena of GST is inevitably with the
Registration Process under GST
๏ƒ˜ Without the Registration โ€˜Supplier of Goods and Services can
not be legally recognized under GST Law and business
community.
๏ƒ˜ Can claim the benefit of ITC paid on the purchases which would
,otherwise , form part of his cost
5/13/2017
Consequences of Purchases from unregistered person by a
registered person:-
๏ƒ˜ITC as Cost
๏ƒ˜Reverse charge
๏ƒ˜Responsibility with the recipient for the compliances like
invoice, etc.
5/13/2017
LIABLE TO BE
REGISTERED
BASED ON
THRESHOLD
SEC.22
IRRESPECTIVE
OF
THRESHOLD
SEC.24
Inter-state
taxable supply
Casual & Non-
resident taxable
persons
Person liable
under Reverse
charge
Person
deducting TDS
u/s 51
E-commerce operator โ€“
TCS & person supply
goods through them
E-com operator
AgentISD
Person supplying Online
information & database access
or retrieval service from
outside India
Other notified
person
COMPULSORY REGISTRATION
SEC.22
๏ฝ Any business whose Aggregate Turnover in a Financial year exceeds Rs
20 lakhs (Rs 10 lakhs for special category of states)is liable to be
registered in the state from where he makes a taxable supply
๏ฝ Special Category states clause (g) of clause (4) of Article 279A โ€“
Arunachal Pradesh, Assam, Mizoram , Sikkimโ€ฆ..
EXCEPT
๏ƒ˜ Any person engaged exclusively in the either non
taxable or wholly exempt supply
๏ƒ˜ An agriculturist
5/13/2017
Sec.23
Aggregate Turnover โ€“ Aggregate value of all taxable supplies,
exempt supplies, exports of goods or services or both and inter-
state supplies of persons having the same PAN number , to be
computed on all India basis but excludes the taxes levied in GST
1. M/s ABC limited is having units in following states
๏ƒ˜ Delhi
๏ƒ˜ Andhra Pradesh
๏ƒ˜ Punjab
In the above situation M/s ABC Limited is required to obtain
registration in all the three states.
2. In the above example, if Delhi is making a supply of taxable goods and
Punjab is making a supply of exempted goods only, registration will
have to be obtained in Delhi only.
3. A manufacturer has Two factories in Gujarat and sale office in 5 states
(including Gujarat). It also has centralized service tax registration at
Gujrat. What would be difference in registration requirements under GST?
๏ƒ˜ Total Present Registration: 2 (excise) + 5 (VAT) + 1 (Service Tax) = 8
๏ƒ˜Registration under GST: 5 (5 -In each state)
5/13/2017
(a) where a supply is made from a place of business for
which registration has been obtained, the location of such
place of business;
(b) where a supply is made from a place other than the
place of business for which registration has been
obtained, that is to say, a fixed establishment elsewhere,
the location of such fixed establishment;
(c) where a supply is made from more than one
establishment, whether the place of business or fixed
establishment, the location of the establishment most
directly concerned with the provision of the supply; and
(d) in absence of such places, the location of the usual place of
residence of the supplier
Location
of
Supplier
- Service
Place of Business Sec.2(85):-
(a) a place from
where the business is
ordinarily carried on,
and includes a
warehouse, a godown
or any other place
where a taxable
person stores his
goods, provides or
receives goods and/or
services; or
(b) a place where a
taxable person
maintains his
books of account;
or
(c) a place where
a taxable person
is engaged in
business through
an agent, by
whatever name
called;
Fixed Establishment ( Sec.2(50):-
a place, other
than the place
of business,
which is
characterised by a
sufficient degree of
permanence and
Suitable structure
in terms of human
and technical
resources
to supply services, or to
receive and use services for
its own needs;
Importa
nt
Concepts
๏ฝ Every person who is registered under an earlier law
( VAT, Excise)
๏ฝ Every transferee or the successor in case the
business has been transferred on account of
succession or demerger
5/13/2017
๏ฝ Persons making inter-state taxable supply
๏ฝ Persons required to pay tax under reverse charge
๏ฝ Casual taxable persons making taxable supply
๏ฝ Non resident taxable person making taxable supply
5/13/2017
Non Resident taxable person- A Person who occassionally
undertakes transactions involving supply whether as principal or
agent but has no fixed place of Business or Residence in India
๏ฝ persons who are required to deduct tax under section 51
๏ฝ persons who supply goods or services or both on behalf of other
taxable persons whether as an agent or otherwise
๏ฝ input service distributor , whether or not separately registered
๏ƒผ "Input Service Distributor" means an office of the supplier
which receives tax invoices issued under section 31 towards
receipt of input services and issues a prescribed document for
the purposes of distributing the credit of CGST ,SGST (UTGST in
case UTโ€™s) or IGST paid on the said services to a supplier of
taxable goods and / or services having same PAN as that of the
office referred to above;
๏ƒผ Separate registration to be taken as Input Service Distributor
๏ƒผ Credit of only input service to be distributed
5/13/2017
๏ฝ Persons required to pay tax under section 9(5)
๏ฝ persons who supply goods or services or both,
other than specified under Sec.9(5), through
electronic commerce operator,
๏ฝ every electronic commerce operator,
๏ฝ Every person supplying online information and
data base access or retrieval services from a
place outside India to a person in India
๏ฝ such other person or class of persons as may
be notified
5/13/2017
๏ƒ˜ PAN based Registration: PAN will be mandatory except in case of Non-Resident
taxable person
๏ƒ˜ Unified application to both tax authorities
๏ƒ˜ State-wise registration for entities having presence in more than one State
๏ƒ˜ Need not apply separately for each State
๏ƒ˜ Within a PAN, separate registration for separate business verticals within a State
possible
Example M/s ABC Limited has business of
๏‚ง Manufacture of Shoes (Naraina-Delhi)
๏‚ง Trade of LED Bulbs ( Chandni Chowk-Delhi)
In the above situation, M/s ABC Limited has the following option:-
๏ƒ˜ One single registration for both the units
๏ƒ˜ Separate registration for each line of business
5/13/2017
๏ƒ˜ In case of voluntary registration- all the provisions of the Act shall apply
๏ƒ˜ A person who has obtained registration in more than one state shall be treated
as a distinct person in respect of each such registration
๏ƒ˜ Suo moto registration by proper officer of a person who is liable for
registration but fails to get registered
5/13/2017
Application to b e made by Within-Time limit
Taxable person Within 30 days of becoming
liable
Casual Taxable person 5 Days ahead
Non-Resident Taxable person 5 Days ahead
5/13/2017
SL
No
Form No Title of the Form
1 GST-REG-01 Application for registration
2 GST-REG-02 Acknowledgement
3 GST-REG-03 Notice Seeking Additional information/ clarification/
documents relating to application for registration /
amendment / cancellation
4 GST-REG-04 Application for filing information for
registration/amendment/cancellation/ revocation-
cancellation
5 GST-REG-05 Order of rejection of Application
6 GST-REG-06 Registration Certificate issued
FORMS-REGISTRATION
SL
No
Form No Title of the Form
7 GST-REG-07 Application for Registration of Tax Deductor /
Tax Collected at source
8 GST-REG-08 Order of cancellation of registration as Tax
deductor or Tax collector at source
9 GST-REG-9 Application for Registration of Non-Resident
Taxable Person
10 GST-REG-9A Application for person supplying online
information and data base access or retrieval
services
10 GST-REG-10 Application for extension of registration
11 GST-REG-11 Order for temporary Registration/ Suo Moto
registration by Proper officer
FORMS-REGISTRATION
SL
No
Form No Title of the Form
12 GST-REG-12 Application for allotment of Unique ID to UN bodies /
Embassies / any other person
13 GST-REG-13 Application for amendment of registration
14 GST-REG-14 Order for approval of amendment
15 GST-REG-15 Application for cancellation
16 GST-REG-16 Show cause notice for cancellation
17 GST-REG-17 Reply by Registered person of SCN
18 GST-REG-18 Order of cancellation of registration on application filed by
registered person
19 GST-REG-19 Order of cancellation
20 GST-REG-20 Application for revocation of cancellation
FORMS-REGISTRATION
SL
No
Form No Title of the Form
21 GST-REG-21 Order of revocation of cancellation
22 GST-REG-22 SCN to applicant before passing the order of revocation of
cancellation
23 GST-REG-23 Reply by applicant towards REG-22
24 GST-REG-24 Application by persons who have been granted
provisional registration
25 GST-REG-25 Provisional Registration
26 GST-REG-26 Order of Cancellation of Provisional registration
27 GST-REG-27 SCN before issuing Order of Cancellation of provisional
registration
28 GST-REG-28 Application by existing registered persons for
cancellation of registration
FORMS-REGISTRATION
THANK YOU
5/13/2017

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Taxable person

  • 1. TAXABLE PERSON CA. ANKITA GARG E-Mail: ankita@taxconsultantindia.in M:- 91-9999466272 W:- www.taxconsultantindia.in
  • 2. Who is a Taxable Person? Sec.2(107):Taxable Person means a person who is registered or liable to be registered under Section 22 or Section 24 ๏ƒ˜ It will cover all types of person carrying on business activities i.e. manufacturer, job worker, trader , exporter , all types of service providers 5/13/2017 PERSON REGISTERED-CAN BE VOLUNTARY REGISTRATION LIABLE TO BE REGISTERED
  • 3. Entry of businesses in to the arena of GST is inevitably with the Registration Process under GST ๏ƒ˜ Without the Registration โ€˜Supplier of Goods and Services can not be legally recognized under GST Law and business community. ๏ƒ˜ Can claim the benefit of ITC paid on the purchases which would ,otherwise , form part of his cost 5/13/2017 Consequences of Purchases from unregistered person by a registered person:- ๏ƒ˜ITC as Cost ๏ƒ˜Reverse charge ๏ƒ˜Responsibility with the recipient for the compliances like invoice, etc.
  • 4. 5/13/2017 LIABLE TO BE REGISTERED BASED ON THRESHOLD SEC.22 IRRESPECTIVE OF THRESHOLD SEC.24
  • 5. Inter-state taxable supply Casual & Non- resident taxable persons Person liable under Reverse charge Person deducting TDS u/s 51 E-commerce operator โ€“ TCS & person supply goods through them E-com operator AgentISD Person supplying Online information & database access or retrieval service from outside India Other notified person COMPULSORY REGISTRATION
  • 6. SEC.22 ๏ฝ Any business whose Aggregate Turnover in a Financial year exceeds Rs 20 lakhs (Rs 10 lakhs for special category of states)is liable to be registered in the state from where he makes a taxable supply ๏ฝ Special Category states clause (g) of clause (4) of Article 279A โ€“ Arunachal Pradesh, Assam, Mizoram , Sikkimโ€ฆ.. EXCEPT ๏ƒ˜ Any person engaged exclusively in the either non taxable or wholly exempt supply ๏ƒ˜ An agriculturist 5/13/2017 Sec.23 Aggregate Turnover โ€“ Aggregate value of all taxable supplies, exempt supplies, exports of goods or services or both and inter- state supplies of persons having the same PAN number , to be computed on all India basis but excludes the taxes levied in GST
  • 7. 1. M/s ABC limited is having units in following states ๏ƒ˜ Delhi ๏ƒ˜ Andhra Pradesh ๏ƒ˜ Punjab In the above situation M/s ABC Limited is required to obtain registration in all the three states. 2. In the above example, if Delhi is making a supply of taxable goods and Punjab is making a supply of exempted goods only, registration will have to be obtained in Delhi only. 3. A manufacturer has Two factories in Gujarat and sale office in 5 states (including Gujarat). It also has centralized service tax registration at Gujrat. What would be difference in registration requirements under GST? ๏ƒ˜ Total Present Registration: 2 (excise) + 5 (VAT) + 1 (Service Tax) = 8 ๏ƒ˜Registration under GST: 5 (5 -In each state) 5/13/2017
  • 8. (a) where a supply is made from a place of business for which registration has been obtained, the location of such place of business; (b) where a supply is made from a place other than the place of business for which registration has been obtained, that is to say, a fixed establishment elsewhere, the location of such fixed establishment; (c) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and (d) in absence of such places, the location of the usual place of residence of the supplier Location of Supplier - Service
  • 9. Place of Business Sec.2(85):- (a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, provides or receives goods and/or services; or (b) a place where a taxable person maintains his books of account; or (c) a place where a taxable person is engaged in business through an agent, by whatever name called; Fixed Establishment ( Sec.2(50):- a place, other than the place of business, which is characterised by a sufficient degree of permanence and Suitable structure in terms of human and technical resources to supply services, or to receive and use services for its own needs; Importa nt Concepts
  • 10. ๏ฝ Every person who is registered under an earlier law ( VAT, Excise) ๏ฝ Every transferee or the successor in case the business has been transferred on account of succession or demerger 5/13/2017
  • 11. ๏ฝ Persons making inter-state taxable supply ๏ฝ Persons required to pay tax under reverse charge ๏ฝ Casual taxable persons making taxable supply ๏ฝ Non resident taxable person making taxable supply 5/13/2017 Non Resident taxable person- A Person who occassionally undertakes transactions involving supply whether as principal or agent but has no fixed place of Business or Residence in India
  • 12. ๏ฝ persons who are required to deduct tax under section 51 ๏ฝ persons who supply goods or services or both on behalf of other taxable persons whether as an agent or otherwise ๏ฝ input service distributor , whether or not separately registered ๏ƒผ "Input Service Distributor" means an office of the supplier which receives tax invoices issued under section 31 towards receipt of input services and issues a prescribed document for the purposes of distributing the credit of CGST ,SGST (UTGST in case UTโ€™s) or IGST paid on the said services to a supplier of taxable goods and / or services having same PAN as that of the office referred to above; ๏ƒผ Separate registration to be taken as Input Service Distributor ๏ƒผ Credit of only input service to be distributed 5/13/2017
  • 13. ๏ฝ Persons required to pay tax under section 9(5) ๏ฝ persons who supply goods or services or both, other than specified under Sec.9(5), through electronic commerce operator, ๏ฝ every electronic commerce operator, ๏ฝ Every person supplying online information and data base access or retrieval services from a place outside India to a person in India ๏ฝ such other person or class of persons as may be notified 5/13/2017
  • 14. ๏ƒ˜ PAN based Registration: PAN will be mandatory except in case of Non-Resident taxable person ๏ƒ˜ Unified application to both tax authorities ๏ƒ˜ State-wise registration for entities having presence in more than one State ๏ƒ˜ Need not apply separately for each State ๏ƒ˜ Within a PAN, separate registration for separate business verticals within a State possible Example M/s ABC Limited has business of ๏‚ง Manufacture of Shoes (Naraina-Delhi) ๏‚ง Trade of LED Bulbs ( Chandni Chowk-Delhi) In the above situation, M/s ABC Limited has the following option:- ๏ƒ˜ One single registration for both the units ๏ƒ˜ Separate registration for each line of business 5/13/2017
  • 15. ๏ƒ˜ In case of voluntary registration- all the provisions of the Act shall apply ๏ƒ˜ A person who has obtained registration in more than one state shall be treated as a distinct person in respect of each such registration ๏ƒ˜ Suo moto registration by proper officer of a person who is liable for registration but fails to get registered 5/13/2017
  • 16. Application to b e made by Within-Time limit Taxable person Within 30 days of becoming liable Casual Taxable person 5 Days ahead Non-Resident Taxable person 5 Days ahead 5/13/2017
  • 17. SL No Form No Title of the Form 1 GST-REG-01 Application for registration 2 GST-REG-02 Acknowledgement 3 GST-REG-03 Notice Seeking Additional information/ clarification/ documents relating to application for registration / amendment / cancellation 4 GST-REG-04 Application for filing information for registration/amendment/cancellation/ revocation- cancellation 5 GST-REG-05 Order of rejection of Application 6 GST-REG-06 Registration Certificate issued FORMS-REGISTRATION
  • 18. SL No Form No Title of the Form 7 GST-REG-07 Application for Registration of Tax Deductor / Tax Collected at source 8 GST-REG-08 Order of cancellation of registration as Tax deductor or Tax collector at source 9 GST-REG-9 Application for Registration of Non-Resident Taxable Person 10 GST-REG-9A Application for person supplying online information and data base access or retrieval services 10 GST-REG-10 Application for extension of registration 11 GST-REG-11 Order for temporary Registration/ Suo Moto registration by Proper officer FORMS-REGISTRATION
  • 19. SL No Form No Title of the Form 12 GST-REG-12 Application for allotment of Unique ID to UN bodies / Embassies / any other person 13 GST-REG-13 Application for amendment of registration 14 GST-REG-14 Order for approval of amendment 15 GST-REG-15 Application for cancellation 16 GST-REG-16 Show cause notice for cancellation 17 GST-REG-17 Reply by Registered person of SCN 18 GST-REG-18 Order of cancellation of registration on application filed by registered person 19 GST-REG-19 Order of cancellation 20 GST-REG-20 Application for revocation of cancellation FORMS-REGISTRATION
  • 20. SL No Form No Title of the Form 21 GST-REG-21 Order of revocation of cancellation 22 GST-REG-22 SCN to applicant before passing the order of revocation of cancellation 23 GST-REG-23 Reply by applicant towards REG-22 24 GST-REG-24 Application by persons who have been granted provisional registration 25 GST-REG-25 Provisional Registration 26 GST-REG-26 Order of Cancellation of Provisional registration 27 GST-REG-27 SCN before issuing Order of Cancellation of provisional registration 28 GST-REG-28 Application by existing registered persons for cancellation of registration FORMS-REGISTRATION