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news 5 Dec 2024

GST Registration and Its Relevance

GST Registration and Its Relevance

Under the Goods and Services Tax (GST) regime, registration is a critical component for businesses and individuals involved in the supply of goods and services. GST registration allows entities to collect tax from their customers, claim input tax credits, and ensures compliance with taxation laws. For certain businesses, GST registration is mandatory, while others may opt for voluntary registration to avail themselves of various benefits. Whether compulsory or voluntary, GST registration helps streamline tax collection, provides transparency, and supports the efficient functioning of the economy.

1. Compulsory Registration under GST

Under Section 24 of the CGST Act, certain businesses are required to register under GST, regardless of their turnover. These categories include:

  • Inter-State Suppliers: Any business engaged in making taxable supplies across state borders.
  • Casual Taxable Persons: Individuals or businesses that occasionally supply taxable goods or services without a fixed place of business.
  • Reverse Charge Taxpayers: Businesses required to pay tax under the reverse charge mechanism.
  • Persons under Section 9(5): Those notified under section 9(5) to pay tax on specific services.
  • Non-Resident Suppliers: Non-resident individuals or entities making taxable supplies in India.
  • Tax Deductors (Section 51): Persons responsible for deducting tax at source.
  • Agents: Persons making taxable supplies on behalf of others.
  • Input Service Distributors (ISDs): ISDs who distribute credits for the services received.
  • E-Commerce Operators (Section 52): Businesses supplying goods or services through electronic platforms.
  • Online Service Providers: Non-residents supplying digital services to unregistered persons in India.
  • Online Money Gaming Suppliers: Providers of online gaming services from outside India to Indian residents.

2. Voluntary GST Registration

Entities that fall below the GST registration threshold may opt for voluntary registration under Section 25(3) of the CGST Act. Voluntary registration allows businesses to:

  • Collect GST from their customers.
  • Claim input tax credits.
  • Participate in the seamless flow of credit, which is especially beneficial for B2B transactions.

By voluntarily registering under GST, businesses can enhance their credibility and expand their market presence.

 

3. Persons Exempt from GST Registration

Certain businesses and individuals are exempt from obtaining GST registration under Section 23 of the CGST Act. These include:

  • Exclusively Exempt Suppliers: Businesses engaged in the supply of goods or services that are either non-taxable or wholly exempt under the GST Act.
  • Agriculturists: Individuals supplying produce from the cultivation of land.

Categories Exempted via Notifications:

  • Notification No. 5/2017: Businesses making supplies entirely liable to reverse charge are exempt from registration.
  • Notification No. 65/2017 (as amended by Notification No. 6/2019): Service providers through e-commerce platforms with a turnover not exceeding ?20 lakhs (?10 lakhs in special category states) are exempt from registration.
  • Notification No. 56/2018: Casual taxable persons making inter-state supplies of handicraft goods, provided they do not exceed the turnover limit as defined under Section 22.
  • Notification No. 10/2019: Persons exclusively engaged in the supply of goods with a turnover below ?40 lakhs, subject to certain exceptions.
  • Notification No. 7/2017: Job workers making inter-state supplies to registered persons are exempt from registration, with certain exceptions.
  • Notification No. 10/2017: Service providers making inter-state supplies of taxable services with a turnover below ?20 lakhs (?10 lakhs in special category states) are exempt from obtaining registration.

4. Compulsory Registration Thresholds

The GST Act sets specific threshold limits for mandatory registration. However, certain categories of businesses, as mentioned under Section 24, must register even if their turnover is below the threshold. This ensures that all businesses falling under particular provisions, such as inter-state supplies or the reverse charge mechanism, are part of the tax net.

For example, businesses involved in e-commerce or online services from outside India must obtain compulsory registration, ensuring the proper collection and remittance of GST.