GST and Income Tax
GST Registration - An Overview
GST registration is the process of obtaining a unique identification number for a business liable to pay Goods and Services Tax (GST). As per the Central Goods and Service Tax Act of 2017, businesses with an annual turnover of more than ₹40 lakh (or ₹20 lakh for some special category states) must register as normal taxable entities. In India, a GSTIN (Goods and Services Tax Identification Number), commonly known as a GST number, consists of 15 digits. These digits are unique to each taxpayer and serve as their identification under the GST regime. This identification number helps to share all the operations and data related to the transactions with authorities
Advantages of Registering for GST
Registering under the GST regime brings numerous benefits for businesses, creating a more unified and streamlined tax system in India. Here are the key advantages:
- Legal Recognition: By registering for GST, a business gains legal recognition as a legitimate supplier of goods or services. This establishes the business as an official entity in the eyes of the law.
- Input Tax Credit (ITC): Registered businesses can claim Input Tax Credit, allowing them to deduct the GST paid on purchases from the GST collected on sales. This reduces the overall tax liability.
- Simplified Compliance: GST simplifies the tax compliance process, reducing the complexity and time involved in filing taxes and making payments. A single online platform facilitates easier tax management.
- Composition Scheme for Small Businesses: The Composition Scheme allows small businesses to pay tax at a lower, fixed rate, reducing their tax burden and compliance requirements. This makes financial management more straightforward for smaller enterprises.
- Higher Threshold for Registration: Only businesses with an annual turnover above ₹40 lakh are required to register for GST, thanks to a higher registration threshold. This exempts many small businesses from mandatory registration, easing their operational workload.
- Elimination of Cascading Taxes: GST eliminates the cascading effect of taxes by enabling input tax credit across the supply chain. Businesses can claim credit for taxes paid on purchases, lowering the overall tax burden on end consumers.
Documents Required for GST Registration
- PAN of the applicant
- Aadhaar card
- Business registration proof or incorporation certificate
- Identity and address proof with photographs of promoters/directors
- Address proof of business location
- Office address utility bills (electricity, water, etc.)
- Bank account details, including a bank statement or a canceled cheque
- Digital Signature Certificate (DSC)
- Authorization letter or board resolution for the authorized signatory
Mandatory GST Registration for Specific Businesses
Regardless of the threshold limit, GST registration is compulsory for the following types of businesses:
- Individuals making interstate taxable supplies, with thresholds of ₹20 lakhs/₹10 lakhs for taxable services, specified handicraft goods, and handmade goods.
- Casual taxable persons involved in taxable supply.
- Individuals who need to pay tax under the reverse charge mechanism for received supplies.
- Non-resident taxable persons engaged in taxable supply.
- E-commerce entities, including all e-commerce operators and those supplying goods or services through them.
- Individuals required to deduct tax under Section 51.
- Input service distributors.
- Individuals supplying goods or services on behalf of other taxable persons, whether as agents or otherwise.
- Individuals required to pay tax under Section 9(5).
- Any other individuals or categories notified by the government.
Types of GST Registrations
Here are few types of GST registered in India:
- Central Goods and Services Tax (CGST) applies to the supply of goods and services within a single state
- State Goods and Services Tax (SGST) is applicable to the sale of goods or services within the confines of a state
- Integrated Goods and Services Tax (IGST) is imposed on transactions involving goods and services across state boundaries
- Union Territory Goods and Services Tax (UTGST) is levied on the supply of goods and services in Union Territories such as Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli, Lakshadweep, and Chandigarh. UTGST is charged in conjunction with CGST.
Benefits for Businesses with GST Registrations
GST registration provides numerous advantages for businesses, enhancing legitimacy and ensuring compliance with tax regulations:
- Claiming Input Tax Credit (ITC): Registered businesses can claim ITC, reducing their overall tax liability and simplifying interstate transactions under the unified tax system.
- Streamlined Processes: Online filing and payment processes save time and reduce paperwork. The higher threshold for tax liability exempts small businesses until their turnover exceeds specified limits.
- Enhanced Credibility: GST registration boosts a business’s credibility, granting access to a broader market and offering a competitive edge.
- Efficient Supply Chain: It streamlines the supply chain, promotes legal protection, and facilitates easier refund processes, contributing to a more transparent and business-friendly environment in India.
Eligibility Criteria for GST Return Filings
Business owners and dealers registered under the Goods and Service Tax Act 2017 must file GST returns based on their business type and transactions. The following entities are required to file GST returns:
- Regular Businesses: Businesses registered under the Goods and Service Tax Act 2017.
- Composition Scheme Entities: Entities registered under the composition scheme.
- Input Service Distributors: Individuals or entities distributing input services, deducting TDS and TCS.
- Supply Chain Businesses:Businesses or individuals operating supply chains.
- High Revenue Taxpayers: Taxpayers with an annual revenue over ₹1.5 crore.
- Non-Resident Indians: Non-resident Indians conducting business activities with Indian citizens.
- E-Commerce Businesses: E-commerce business owners and corporations.
- Unique Identification Number Holders: Individuals holding a unique identification number (UIN).
Additionally, filing a NIL GST return is mandatory even if there is no business activity for the month.
List of Documents Required for GST Return Filings
- Customer’s GSTIN
- GST invoices
- Place of supply
- B2B and B2C service invoices
- Bill numbers
- Credit or debit notes
- HSN summary of goods sold
- Amounts of IGST, CGST, and SGST applicable
- Required GST return form
Overview of Indirect Tax Response in India
Businesses in India need to follow specific steps when handling indirect taxes. Initially, they must determine which indirect taxes apply to their operations, such as GST, customs duty, excise duty, or service tax. If the tax authorities issue a show cause notice, it is essential to respond promptly. This involves preparing a detailed response with all relevant information and supporting evidence. Additionally, businesses must submit the necessary documents accurately and on time.
Types of Indirect Taxes In India
With the introduction of GST, most indirect taxes in India were unified. Before GST, several types of indirect taxes were in place:
- Service Tax: Imposed on service providers for their services, with the collected amount remitted to the Government of India.
- Excise Duty: Levied on goods manufactured in India, with manufacturers paying this tax and recovering it from customers.
- Value Added Tax (VAT): Applied to movable goods sold directly to consumers, including Central Sales Tax paid to the Indian government and State Sales Tax paid to state governments.
- Customs Duty: Charged on imported goods, and in some cases, on exported goods as well.
- Stamp Duty: Imposed by state governments on the transfer of immovable property and on legal documents.
- Entertainment Tax: Levied by state governments on activities such as movie screenings, sports events, arcades, and amusement parks.
Types of Indirect Tax Notices
- Show Cause Notice: Issued by tax authorities requiring the taxpayer to justify why they should not be liable for a tax or penalty.
- Assessment Order: Issued to determine the tax amount owed by the taxpayer based on available data.
- Demand Order: Issued when tax authorities ascertain that the taxpayer has unpaid tax dues.
- Refund Order: Issued to inform the taxpayer of their entitlement to a refund of excess tax paid.
Features of Indirect Taxation
- Applied to Goods and Services: Indirect taxes are levied on goods and services, not directly on income or property.
- Paid by Consumers: Although collected from sellers, the burden of indirect tax is ultimately borne by consumers through higher prices.
- Variety of Taxes: Includes VAT, excise duty, customs duty, service tax, entertainment tax, and more, each with unique characteristics.
- Regressive Nature: Indirect taxes can disproportionately affect low-income earners, as they spend a larger portion of their income on taxed goods and services.
- Complex Administration: Due to various tax types, exemptions, and rates, indirect tax administration can be complex.
- Revenue Source: Indirect taxes are a significant revenue source for governments, generating funds without direct impact on individuals or businesses.
Benefits of Indian Indirect Taxes
- Convenience: Paid only upon purchase, indirect taxes do not burden taxpayers and are collected at the point of sale, simplifying the process for state authorities.
- Ease of Collection: Easier to collect than direct taxes, as they are gathered during transactions.
- Inclusive Contribution: Everyone contributes through indirect taxes at the point of sale, including those exempt from income tax, supporting economic growth.
- Equitable Contributions: Taxes are related to the cost of goods and services, with necessities taxed lower and luxury items higher.
Discourages Harmful Consumption: High taxes on harmful products like alcohol and tobacco reduce their consumption by making them more expensive.
FAQ's
Absolutely! Even if your turnover is below the prescribed threshold, you can choose to register for GST voluntarily. This can offer several advantages, such as claiming input tax credits, facilitating interstate transactions, and boosting your business credibility.
Failing to register for GST on time can result in late fees and interest charges. It’s important to meet registration deadlines to avoid these financial penalties and ensure compliance with tax regulations.
The effective date of GST registration is the date when you become liable to pay GST. In contrast, the date of registration is when your GST registration is officially granted. Knowing this distinction is crucial for determining when your GST obligations begin.
Yes, issuing a tax invoice and collecting tax is mandatory for voluntary GST registration. Even if your turnover is below the threshold, you must comply with invoicing and tax collection requirements to fulfill legal obligations and ensure transparency in your transactions.
If your business is not registered for GST but is dealing with GST-charging entities, consider registering to take advantage of input tax credits. Without registration, your business may have to bear the full tax burden, which can affect profitability.
If your GSTIN was cancelled and you didn’t file the final return, you should file the pending return immediately. Failing to do so can result in penalties and compliance issues.
The GST Annual Return is a summary of a taxpayer’s financial activities for a fiscal year. It includes details of sales, purchases, and taxes paid, offering a comprehensive overview of the taxpayer’s GST transactions.
The HSN Code, or Harmonised System of Nomenclature, is a standardised coding system for classifying goods internationally. It simplifies the identification of products for tax and regulatory purposes, aiding in smooth trade.
Yes, a salaried person can apply for GST registration if they are engaged in business activities in addition to their employment. Registration is mandatory if their aggregate turnover exceeds the prescribed threshold.
An E-way Bill is a document required for the movement of goods worth over a specified value between different states. It ensures tax compliance and facilitates the smooth transportation of goods by providing details about the consignment.
Missing a GST return deadline can result in penalties, such as late fees and interest charges. To avoid these, file the return as soon as possible and pay any outstanding taxes to minimize penalties.
You can check your GST return filing status online by logging into the GST portal. Go to the ‘Services’ section and select ‘Returns Dashboard’ to view the status of your filed returns, including whether they are submitted, pending, or processed.
While hiring a Chartered Accountant (CA) for GST filing is not mandatory, their expertise can ensure accurate and timely filing, helping you avoid errors and potential penalties. If you are unsure about compliance requirements, consider consulting with our experts.