GST & GST RETURN FILLING
GST is the biggest tax reform in India which has tremendously improved business and increasing the taxpayer base in India by including millions of small businesses.GST has been implemented in India from 1st July, 2017. Under the new GST regime, over 1.3 crore business in India have been registered and issued GST registration Tax complexities would be reduced due to the abolishing and subsuming of multiple taxes into a single, simple system.
The new GST regime mandates that all organization involved in buying or selling goods or providing services or both are required to register and obtain GSTIN. Registration is mandatory once the organization crosses a minimum threshold turnover or when an individual starts a new business that is expected to cross the prescribed turnover.
Required Register for following category Businesses
Any service provides a value of more than Rs. 20 Lakhs in a year is required to obtain GST registration. In the special category states, this limit is Rs. 10 lakhs. Any organization engaged in the exclusive supply of goods whose aggregate turnover crosses Rs.40 lakhs is required to obtain GST registration.
Any business can obtain GST registration based upon their requirement at any time. voluntarily.
Types of GST registration
- PAN card of business
- Idorganization proof (pan card);
- Copy of address proof for registered office (aadhar card);
o Electricity receipt or Property tax receipt
o Copy of legal ownership document or municipal khata copy (in case of owned premises)
o Rent agreement and No Objection Certificate (NOC) from the owner of the premises (in case of rented premises).
- Copy of bank statement or cancelled cheque or first page of the pass book.
- Letter of authorization (printout in company letter head)
GST Annual Return
GST annual return filing is mandatory for all organization having GST registration, irrespective of business activity or sales or profitability during the return filing period. Hence, even a dormant business that obtained GST registration must file Nil GST return.
Before filing GST annual return the taxpayer must have filed all GSTR-1 or GSTR-3B or GSTR-4 return for the period of April to March. In case there are overdue GST returns for the above-mentioned period, the GST registration holder will not be allowed to file GST annual return.
GST Annual Return Types
- GSTR-9: All GST registered organization are required to file GST annual return in form GSTR-9.
- GSTR-9A:GST Composition Scheme under Goods and Services Tax (GST) are required to file GSTR-9A.
- GSTR 9C is applicable who obtain an annual GST audit of their accounts. GSTR-9C must be prepared and certified by a Chartered Accountant or Cost Accountant. GST audit is applicable for person having GST registration with an annual aggregate turnover of above Rs. 2 crores in a particular financial year.
GST RETURN FILLING
Registered organization are required to file 2 monthly returns and 1 annual return, in a year.
Organization have to file the GSTR-3B return every month providing details of sales and purchases made in a month. GSTR-1 return must be filed every month by businesses having an annual revenue of over Rs.1.5 crores/Having less than 1.5 crores of turnover required to file on a quarterly basis.
A GST registration obtained in India can be cancelled by the registered person at any time in case of death of registered person under GST.
A GST registration granted to a person can be cancelled by an Officer, if:
- The taxable person under GST does not conduct any business from the declared place of business; or
- Issues invoice or bill without supply of goods or services in violation of the GST Act and/or GST rules.
- If a person having GST registration has continously not filed GST returns for six months.
Before the cancellation of registration, the Officer would issue a notice to such person whose GST registration is liable to be cancelled, requiring show cause within seven working days from the date of service of such notice. The registered person can reply to the show cause notice within the prescribed time, or the GST registration can stand cancelled.
Voluntary cancellation by the registered person
Under Section 29 of the CGST Act, a GST registration cancellation can be initiated by the person registered under GST in the following circumstances:
- Discontinuance or closure of a business.
- Transfer of business, amalgamation, merger, de-merger, lease or other pertinent reasons.
- Change in the constitution of business, which results in a change of PAN.
- Turnover reduces below the threshold limit for GST registration.
- Death of the sole proprietor.
- Any other reason, the likes of which must be proved in the application.
Before applying for GST cancellation
Before applying for GST registration cancellation, the taxpayer must file all the GST returns up to date. In case there is non-compliance with respect to GSTR-3B return or GSTR-1 return or GST annual return.
Final GST payment
While applying for GST cancellation, the applicant is mandated to pay any overdue GST liability as per the GST returns filed.