Indirect Tax – GST Law – India
GST registration is an important compliance requirement for businesses supplying taxable goods or services in India. We assist businesses in determining whether GST registration is mandatory or voluntary, selecting the appropriate registration structure, preparing documentation, filing the application and managing post-registration compliance.
GST registration is the process through which a person liable to registration, or a person opting for voluntary registration, obtains a GSTIN under the applicable GST law.
A registered person can, subject to the applicable provisions:
GST registration is generally State/UT-specific, and the requirement depends on factors including aggregate turnover, nature and location of supplies, business activity and the compulsory-registration provisions under the GST law.
The general threshold depends on the nature of supplies and the State/UT in which the business operates.
For persons engaged exclusively in the supply of goods, the general threshold is ₹40 lakh in most States/UTs, subject to the applicable conditions and exclusions. A lower threshold applies in specified States/UTs.
The general threshold for suppliers of services is ₹20 lakh in most States/UTs. The threshold is ₹10 lakh in Manipur, Mizoram, Nagaland and Tripura.
For Punjab, the general threshold is:
subject to the applicable statutory conditions and exceptions.
Important: Turnover alone does not determine GST registration liability in every case. Certain persons are required to register under the compulsory-registration provisions, while specific exemptions may also apply.
GST registration may be mandatory where the applicable provisions are satisfied, including:
The exact registration requirement should be assessed based on the business model, nature of supplies, State/UT, turnover and applicable exemptions.
Inter-State supplies can trigger GST registration under the applicable provisions. However, it is not appropriate to state that every inter-State supplier is automatically required to register regardless of turnover.
The GST framework contains specific exemptions for certain categories of suppliers. For example, eligible suppliers of taxable services making inter-State supplies within the prescribed threshold may qualify for exemption subject to the conditions of the applicable notification.
Accordingly, GST registration should be assessed based on the specific nature of the supply and the applicable statutory provisions.
E-commerce sellers should not be treated as universally liable for GST registration irrespective of turnover.
Eligible persons making intra-State supplies of goods through specified electronic commerce operators may qualify for exemption from mandatory registration under Notification No. 34/2023-Central Tax, subject to prescribed conditions and restrictions.
E-commerce operators themselves may have separate GST registration and TCS obligations under the GST law.
The applicable position should therefore be determined based on:
The documents required depend on the constitution of the business and the nature of the premises.
Common documents include:
The GST registration application should contain accurate and consistent information regarding the business, promoters, authorised signatory, place of business and nature of activities.
GST registration applications are subject to document scrutiny and risk-based verification.
Under the CBIC’s current registration-processing instructions, complete applications that are not flagged for risk are generally to be processed within 7 working days. Applications requiring physical verification, including specified risk-flagged applications or cases where verification is otherwise required, are subject to the applicable physical-verification procedure and generally have a 30-day processing framework.
The officer may issue a clarification notice in FORM GST REG-03 where additional clarification or information is required.
Accordingly, the actual time for obtaining GST registration may vary depending on the application, verification requirements, documents and responses to departmental queries.
We provide end-to-end GST registration and compliance support, including:
GST registration creates continuing compliance obligations.
Depending on the taxpayer’s registration and filing frequency, applicable compliances may include:
The applicable returns and due dates depend on the taxpayer’s category, turnover, filing frequency and applicable notifications.
GSTR-2B is an important statement for reconciling eligible Input Tax Credit based on information reported by suppliers, ISDs and other relevant sources.
However, ITC should not be claimed merely because an amount appears in GSTR-2B.
The taxpayer must independently satisfy the statutory conditions for claiming ITC and should identify and reverse ineligible or otherwise restricted credit wherever required.
We assist businesses with:
The annual-return framework has been updated.
For FY 2024-25 onwards, registered persons having aggregate turnover of up to ₹2 crore in the financial year are exempt from filing GSTR-9, subject to the applicable notification.
For taxpayers required to file GSTR-9, the general statutory due date is 31 December following the end of the financial year, unless the Government extends the due date.
GSTR-9C is a self-certified reconciliation statement for taxpayers whose aggregate turnover exceeds ₹5 crore in the relevant financial year, subject to the applicable provisions and exclusions.
It should not be described simply as a “GST audit”.
GSTR-9C reconciles information reported in the annual return with the taxpayer’s financial records and contains the prescribed reconciliation and certification particulars.
Late fees and interest are separate statutory consequences.
For delayed filing of GSTR-3B, the applicable late fee depends on whether the return is a nil return or a return involving tax liability, and is subject to the statutory limits and applicable notifications.
Interest for delayed payment of tax is governed by Section 50 of the CGST Act and the applicable rules.
The exact amount of late fee or interest should therefore be calculated based on the relevant return period, tax liability, filing date and applicable statutory provisions.
E-invoicing is applicable to taxpayers crossing the prescribed aggregate-turnover threshold and falling within the notified categories.
The current general threshold for mandatory e-invoicing is ₹5 crore aggregate turnover, subject to the applicable exclusions and notifications.
E-invoicing requirements should be assessed separately from the basic GST registration threshold.
GST registration may be cancelled voluntarily or by the proper officer in circumstances permitted under the GST law.
Cancellation may arise, among other circumstances, where:
Where an officer-initiated cancellation is proposed, the taxpayer may be required to respond to a notice and explain why the registration should not be cancelled.
Where a GST registration has been cancelled by the proper officer and the statutory conditions are satisfied, the taxpayer may apply for revocation of cancellation within the prescribed time and procedure.
The applicable process depends on the reason for cancellation and whether the taxpayer has complied with the conditions imposed by the GST authorities.
We assist with:
Where a person is legally required to register but fails to obtain GST registration, the GST authorities may take action under the applicable provisions of the CGST/SGST/IGST laws.
Depending on the facts, consequences may include:
The applicable consequence depends on the nature of the default and the relevant statutory provision.
For Punjab, the general threshold is ₹40 lakh for persons engaged exclusively in the supply of goods and ₹20 lakh for suppliers of services, subject to applicable conditions and exceptions.
No. Eligible suppliers of goods making intra-State supplies through specified e-commerce operators may qualify for exemption from mandatory registration under Notification No. 34/2023-Central Tax, subject to prescribed conditions.
Not in every case. While inter-State supplies may trigger registration under the GST law, specific exemptions apply to certain categories, including eligible inter-State suppliers of services within the prescribed threshold.
Yes. A person may opt for voluntary GST registration under Section 25(3), subject to the obligations applicable to a registered person.
Processing time depends on the application and verification route. Under the current CBIC instructions, complete applications not flagged as risky are generally processed within 7 working days. Applications requiring physical verification are generally subject to a 30-day processing framework, subject to the prescribed procedure.
It should not be treated as a universal applicant-side document requirement. GPS-enabled photographs may be relevant where physical verification of the premises is conducted by the GST authorities.
GSTR-2B is a static, auto-drafted Input Tax Credit statement generated from relevant supplier/ISD filings and import data. It is an important ITC reconciliation tool, but the appearance of an amount in GSTR-2B does not by itself establish that the credit is legally claimable.
The annual-return requirement applies to the classes of registered persons specified under the GST law, subject to exemptions. For FY 2024-25 onwards, taxpayers with aggregate turnover up to ₹2 crore are exempt from GSTR-9 filing, subject to the applicable notification.
A registered person whose aggregate turnover exceeds ₹5 crore in the relevant financial year is generally required to furnish GSTR-9C, subject to the applicable provisions and exclusions.
No. GSTR-9C is a self-certified reconciliation statement under the current framework.
The Government does not charge a professional service fee for a standard GST registration application filed on the GST portal. Professional fees may apply where a CA, CS, advocate or consultant handles the registration and compliance process.
Yes. GST registration may be cancelled voluntarily or by the proper officer where the applicable statutory conditions are satisfied.
In appropriate cases, revocation of cancellation may be available under the GST law, subject to the prescribed conditions, time limits and compliance requirements.
GST registration is generally State/UT-specific. A business having taxable operations in multiple States/UTs may therefore require separate registrations in the relevant States/UTs, subject to the applicable provisions.
No. ITC can be claimed only when the statutory conditions are satisfied. GST registration alone does not make every purchase eligible for Input Tax Credit.
Share your business activity, State, approximate turnover, nature of supplies and whether you sell through e-commerce platforms.
We can assess the applicable GST registration requirement and documentation before filing.
Email: info@lgassociates.org | Offices in Ludhiana – Mohali – Gurgaon
GST compliance works best alongside your broader regulatory framework. LGA also manages: