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List of documents needed:
- 1. Certificate of Incorporation
- 2. PAN Card of Company
- 3. Articles of Association, AOA
GST (Goods and Service Tax) - Overview
The Goods and Services Tax (GST) is a type of tax on the consumption of goods and services in countries, collected by businesses from consumers and paid to the government.It was introduced officially in India on 1 July 2017, replacing the earlier system of multiple taxes, such as excise duty, service tax, and value-added tax (VAT).
The 101st Constitutional Amendment / One Hundred and First Amendment Act, 2016 of the Constitution of India is a significant piece of legislation that has had a prominent impact on the Indian economy. It was passed in 2016 to introduce the Goods and Services Tax (GST), a value-added tax (VAT) that has simplified the tax system and boosted economic growth. This constitutional amendment was introduced as a nationwide Goods and Services Tax (GST) concept in India.
GST registration is mandatory for all businesses with an annual turnover of more than ₹40 lakhs (₹ 20 lakhs for businesses in special category states).
What is GSTIN?
The Goods and Services Tax Network (GSTN) is a non-profit, non-government organisation that provides the shared IT infrastructure and services to the Central and State Governments, taxpayers and other stakeholders to implement the Goods and Services Tax (GST) in India.
The GSTN is responsible for developing and maintaining the GST portal, which is the online platform that taxpayers use to register for GST, file returns, and make payments.
The GSTN also provides several other services, such as:
- 1. E-invoicing
- 2. E-way bill
- 3. Input tax credit reconciliation
- 4. GST compliance reporting
The GSTN is a critical component of the GST system in India. It provides the IT infrastructure and services that enable taxpayers to comply with the GST laws and the government to administer the GST system.
What is a GST Certificate?
A GST certificate is a document issued by the Government of India to a taxpayer or entity that has registered under the GST system. It is proof of registration and authorises the taxpayer to collect GST from customers on behalf of the government.
The GST certificate contains the following information:
- 1. GST Identification Number (GSTIN)
- 2. Name of the taxpayer
- 3. Address of the taxpayer
- 4. Date of registration
- 5. Type of registration (regular, composite, or non-resident)
- 6. Business category
- 7. Signature of the authorised officer
What are the Components of GST?
The components of Goods and Services Tax (GST) in India are:
1.Central Goods and Services Tax (CGST)
This is levied by the central government on all intra-state and inter-state supplies of goods and services. The CGST rate is the same for all states and union territories.
2.State Goods and Services Tax (SGST)
This is levied by the state government on all intra-state supplies of goods and services. The SGST rate varies from state to state.
3.Integrated Goods and Services Tax (IGST)
This is levied by the central government on all inter-state supplies of goods and services. The IGST rate is the sum of the CGST and SGST rates.
4.Union Territory Goods and Services Tax (UTGST)
This is levied by the central government on all supplies of goods and services made within a union territory. The UTGST rate is the same as the SGST rate.
Type of transaction | CGST | SGST | UTGST | IGST |
---|---|---|---|---|
Intra-state supply of goods and services | Yes | Yes | N/A | N/A |
Inter-state supply of goods and services | N/A | N/A | N/A | Yes |
Supply of goods and services from a state to a union territory | Yes | N/A | N/A | N/A |
Supply of goods and services from a union territory to a state | N/A | Yes | N/A | N/A |
Supply of goods and services within a union territory | Yes | N/A | Yes | N/A |
Who Needs a GST Registration Service?
- 1. Any individual or business entity that carries out taxable supplies of goods or services.
- 2. Annual turnover of the business exceeds the prescribed threshold limit (currently ₹20 lakhs for most businesses)
- 3. E-commerce operators that facilitate the supply of goods and services through their platform
- 4. Non-resident taxable persons who occasionally supply goods or services in India
- 5. Businesses that are involved in inter-state supply of goods or services
- 6. Input service distributors who distribute input tax credit to their branches or units
- 7. Casual taxable persons who supply goods or services occasionally in India
- 8. Businesses that were previously registered under the old tax regime (VAT, Service Tax, etc.) and have migrated to GST.
Objectives of GST
The objectives of the Goods and Services Tax (GST) in India are to:
Create a unified and simplified tax system
GST is a single tax that replaces multiple indirect taxes levied by the central and state governments. This makes it easier for businesses to comply with tax laws and reduces the cost of doing business.
Promote economic growth and development
GST is expected to boost economic growth and development in India by creating a single market for goods and services. This will make it easier for businesses to trade across state borders and will lead to lower prices for consumers.
Increase tax revenue
GST is expected to increase tax revenue for the government by widening the tax base and reducing tax evasion. This will help the government to fund essential public services.
Who Has to Obtain GST Registration Compulsorily?
Documents Required for GST Registration
Business type | Required documents |
---|---|
Individual | PAN card, Aadhaar card, bank account statement or cancelled cheque, passport-size photograph. |
Partnership | PAN card of the firm, partnership deed, Aadhaar cards of all partners, bank account statement or cancelled cheque, passport-size photograph of one partner. |
Company | PAN card of the company, company incorporation certificate, Memorandum and Articles of Association, Aadhaar card of the authorised signatory, bank account statement or cancelled cheque, passport-size photograph of the authorised signatory. |
Non-resident | PAN card of the non-resident, passport, Aadhaar card or any other proof of address, bank account statement or cancelled cheque, passport-size photograph. |
GST Registration Process
Apply for GST Number Online
To apply for a GST number online, you can follow these steps:
- 1. Go to the GST portal and create an account.
- 2. Once you have created an account, login and click on the 'New Registration' tab.
- 3. Select the appropriate category of registration for your business.
- 4. Fill in the required details in the application form.
- 5. Upload the required documents.
- 6. Pay the registration fee.
- 7. Submit the application form.
GST Registration Fees
Getting a GST registration is a legal process that requires you to submit a lot of information about your business and scanned copies of certain documents. MyLegalTax offers a GST registration plan that can save you a lot of time and hassle. With our plan, a GST professional will help you with the entire process from start to finish.
GST Registration Threshold Limits
Category | Goods | Services |
---|---|---|
General category states | ₹40 lakhs | ₹20 lakhs |
Special category states | ₹20 lakhs | ₹10 lakhs |
//Add icon here// Note: The special category states are Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, and Uttarakhand.
Certain businesses are required to register for GST regardless of their turnover, such as:
Condition |
---|
Making interstate taxable supplies |
Engaged in e-commerce |
Selling notified goods |
Making supplies through electronic commerce aggregators (ECAs) |
Required to collect tax at source (TCS) |
GST Compliances
Compliance | Frequency |
---|---|
File GSTR-1 (Sales return) | Monthly |
File GSTR-3B (Summary return) | Monthly |
Pay GST liability | Monthly |
File GSTR-2 (Purchase return) | Quarterly |
File GSTR-4 (E-commerce return) | Quarterly |
File GSTR-5 (Non-resident return) | Quarterly |
File GSTR-6 (Input service distributor return) | Quarterly |
File GSTR-7 (Tax credit return) | Quarterly |
File GSTR-8 (E-commerce return for e-commerce aggregators) | Quarterly |
File GSTR-9 (Annual return) | Annual |
File GSTR-9C (Reconciliation statement) | Annual |
Issue invoices and credit notes | As required |
Maintain GST records | As required |
File GST refunds | As required |
Respond to GST notices | As required |
E-invoicing (for businesses with a turnover of more than ₹20 crores) | Monthly |
Electronic waybill (EWB) (for all inter-state and intra-state movement of goods worth more than ₹50,000) | As required |
Benefits of GST Registration for Individuals and Businesses
- 1. Avail input tax credit: Registered businesses can claim input tax credit (ITC) on the GST paid on their purchases of goods and services. This reduces the overall tax burden on the business and makes it more competitive.
- 2. Conduct interstate business without restrictions: Registered businesses can freely conduct interstate trade without any restrictions. This is a major advantage for businesses that operate in multiple states.
- 3. Easily register on online & e-commerce websites: Many online and e-commerce websites require businesses to be GST-registered in order to sell their products and services.
- 4. Get a competitive advantage compared to other businesses: GST registration is a sign of business credibility and reliability. It can give businesses a competitive advantage over unregistered businesses.
- 5. Be eligible for several government benefits: Registered businesses are eligible for several government benefits, such as tax breaks, subsidies, and loans.
- 6. Composition scheme: Small businesses with an annual turnover of up to Rs. 1.5 crore can opt for the GST composition scheme. This scheme allows businesses to pay a fixed rate of GST on their turnover instead of having to calculate and pay GST on each individual transaction. This can simplify tax compliance for small businesses.
- 7. Higher threshold for registration: Businesses with an annual turnover of up to Rs. 40 lakh are not required to register for GST. This is a relief for small businesses, as it reduces their compliance burden.
GST Registration Status
There are two ways to check your GST registration status online:
- Using your ARN (Application Reference Number)
- 1. Application Status'.
- 2. Select 'Registration' from the drop-down menu.
- 3. Enter your ARN in the box provided.
- 4. Enter the captcha code and click on 'Search'.
- 5. Your GST registration status will be displayed on the screen.
- Using your PAN (Permanent Account Number)
- 1. Go to the GST portal and click on 'Search Taxpayer'.
- 2. Select 'Search by PAN'.
- 3. Enter your PAN in the box provided.
- 4. Enter the captcha code and click on 'Search'.
- 5. Your GST registration status will be displayed on the screen.
GST Status Codes
Status code | Description |
---|---|
01 | Return filed successfully |
02 | Return pending for review |
03 | Return rejected |
04 | Refund processed |
05 | Refund rejected |
06 | Refund pending for review |
07 | Refund on hold |
08 | Refund cancelled |
09 | Refund reversed |
10 | Notice issued |
11 | Notice complied with |
12 | Notice pending for compliance |
Penalty for Failure to Register for GST
Penalty for failure to register for GST in India
- Late fee of Rs. 100 per day, per Act (₹ 200 per day for CGST and SGST)
- Penalty of 10% of the tax due, subject to a minimum of ₹ 10,000
- Imprisonment of up to six months for willful evasion of GST
Please note that the imprisonment penalty is typically imposed only in cases of willful evasion of GST, which is a serious offence.
Waiver of Penalty
The penalty for failure to register for GST can be waived if the business registers for GST within 30 days of the date on which it was required to register.
Taxable Person Under GST
A taxable person under GST is any person who is registered under GST or required to be registered under GST. Any person who engages in economic activity including trade and commerce is treated as a taxable person.
Types of taxable persons under GST:
- 1. Individuals
- 2. Hindu Undivided Families (HUFs)
- 3. Companies
- 4. Partnerships
- 5. Limited Liability Partnerships (LLPs)
- 6. Associations of Persons (AOPs) or Bodies of Individuals (BOIs)
- 7. Corporations established by or under any Central, State or Provincial Act, or a Government Company
- 8. Body corporate incorporated by or under the laws of a country outside India
- 9. Co-operative society registered under any law relating to cooperative societies
- 10. Local authority
- 11. Government
- 12. Society as defined under the Societies Act, 1860
Persons who are required to register for GST
- 1. Businesses with an annual turnover of more than ₹40 lakhs (₹20 lakhs for businesses in special category states)
- 2. Businesses that make inter-state supplies of goods and services
- 3. Businesses that import or export goods and services
- 4. Businesses that provide e-commerce services
- 5. Businesses that operate through e-commerce aggregators
- 6. Businesses that are registered under the reverse charge mechanism
- 7. Businesses that are required to collect and deposit taxes on behalf of the government
Voluntary Registration Under GST
Voluntary registration under GST is registering for GST even if you are not required to do so by law. There are several benefits to voluntary registration, including:
- 1. You can claim input tax credit on the taxes paid on your inputs. This can reduce your tax liability
- 2. You can participate in inter-state trade
- 3. You can get a GST certificate and proof of compliance with the GST laws
- 4. You can build a good reputation with your customers and suppliers
- 5. You can avoid having to register for GST later if your turnover exceeds the threshold limit.
GST Tax Rates
Goods and services | GST rate |
---|---|
Essential goods and services (e.g., food, beverages, educational services) | 5% |
Most goods and services (e.g., clothing, electronics, household appliances) | 12% |
Luxury goods and services (e.g., cars, jewellery, hotels) | 18% |
Demerit goods and services (e.g., cigarettes, alcohol, gambling) | 28% |
GST Return Filing
GST return filing is the process of submitting GST returns to the government. GST returns are required to be filed by all businesses that are registered for GST. The frequency of GST return filing depends on the type of business and the turnover of the business.
Types of GST Returns
- 1. GSTR-1: This return is required to be filed by all businesses that are registered for GST. It contains details of all outward supplies made by the business during the month.
- 2. GSTR-2: This return is required to be filed by all businesses that are registered for GST. It contains details of all inward supplies received by the business during the month.
- 3. GSTR-3: This return is required to be filed by all businesses that are registered for GST. It is a consolidated return that contains details of all outward and inward supplies made and received by the business during the month.
- 4. GSTR-4: This return is required to be filed by composition taxpayers. It contains details of all outward supplies made by the business during the quarter.
- 5. GSTR-5: This return is required to be filed by non-resident taxpayers. It contains details of all outward supplies made by the business during the month.
- 6. GSTR-6: This return is required to be filed by input service distributors (ISDs). It contains details of all input services distributed by the ISD during the month.
- 7. GSTR-7: This return is required to be filed by taxable persons who have opted for the reverse charge mechanism. It contains details of all reverse charge supplies made by the business during the month.
- 8. GSTR-8: This return is required to be filed by e-commerce operators. It contains details of all monthly taxable supplies made through the e-commerce platform.
- 9. GSTR-9: This return is required to be filed by all businesses that are registered for GST. It is an annual return that contains details of all outward and inward supplies made and received by the business during the year.
- 10. GSTR-10: This return is required to be filed by businesses that are cancelling their GST registration. It contains details of all outward and inward supplies made and received by the business during the period from the date of cancellation to the date of filing the return.
- 11. GSTR-11: This return is required to be filed by businesses that are required to reconcile their input tax credit (ITC) with the ITC claimed by their suppliers. It contains details of all the ITC claimed by the business during the month.
How Can We Help You - Why MyLegalTax?
- 1. We offer a hassle-free online GST registration process, with complete guidance from our experienced legal representatives.
- 2. We take care of all your GST compliance needs, so you can focus on running your business.
- 3. We ensure that all your GST returns are filed on time and accurately.
- 4. Although the GST portal has a user-friendly interface, the GST Forms have a lot of complex fields.
The GST Glossary
- 1. GST: Goods and Services Tax, a consumption tax levied on most goods and services sold in India.
- 2. TRN: Temporary Registration Number, a unique 15-digit number generated when you start filling out the GST application.
- 3. ARN: Application Reference Number, the number you get after filing the GST application.
- 4. DSC: Digital Signature Certificate, a certificate that proves your identity in the digital world and protects your data.
- 5. SGST: State Goods and Services Tax, a part of GST levied by the state government.
- 6. CGST: Central Goods and Services Tax, a part of GST levied by the central government.
- 7. IGST: Integrated Goods and Services Tax, a part of GST paid on interstate supplies of goods and services.
- 8. UGST: Union Territory Goods and Services Tax, a part of GST levied by the union government.
- 9. GSTIN: Goods and Services Tax Identification Number, a unique 15-digit number given to businesses that register for GST.
- 10. GSTR: GST Return, a document that taxpayers must file with the authorities to calculate their tax liability. There are 11 types of GST returns.
- 11. GSTN: Goods and Services Tax Network, a non-profit company that provides IT infrastructure and services for the implementation of GST.
- 12. ITC: Input Tax Credit, the credit that businesses receive for paying taxes on inputs used in their businesses.
- 13. HSN Code: Harmonised System of Nomenclature code, a 6-digit code that classifies over 5,000 products and is accepted worldwide.
- 14. SAC Code: Services Accounting Code, a code used to classify services under GST. Each service has a unique SAC code.
- 15. Reverse Charge: A mechanism where the recipient of goods is liable to pay tax instead of the supplier.
- 16. Aggregate Turnover: The total value of all taxable supplies, used to determine the threshold for GST registration.
- 17. Taxable Person: Any individual engaged in economic activity in India who is or is required to be registered under GST.
- 18. Mixed Supply: A supply of two or more individual supplies of goods and/or services made together by a taxable person for a single price, when it does not form a composite supply.
- 19. Composite Supply: A supply that consists of two or more goods and/or services, which are naturally bundled and provided together, where one is the principal supply.
- 20. Continuous Supply: A supply that is provided at a specific interval (e.g., weekly or monthly) and the payments are made accordingly.
- 21. GST Compliance Rating: A score between 0 and 10 assigned to all taxpayers, which depicts their GST compliance.
- 22. Assessment: The process of determining the tax liability. There are six types of assessment in GST.
GST Registrations FAQs
- 1. Central GST (CGST): Levied by the central government on intra-state supplies of goods and services.
- 2. State GST (SGST): Levied by the state government on intra-state supplies of goods and services.
- 3. Integrated GST (IGST): Levied on inter-state supplies of goods and services.
The GST was launched by the then Prime Minister of India, Narendra Modi, on July 1, 2017.
- 1. One Nation, One Tax: GST is a single, unified tax that applies throughout India. This means that there is no difference in the tax rates for intra-state and inter-state supplies of goods and services.
- 2. Input Tax Credit: GST paid on inputs can be set off against the GST payable on outputs. This helps to avoid double taxation.
- 3. Destination-based Consumption Tax: GST is levied on the consumption of goods and services, rather than on their production. This means that the GST is collected from the state where the goods or services are consumed.
- 1. Increased GST rates for certain goods and services
- 2. New rules for e-way bill
- 3. New rules for GST returns
- 4. New rules for GST refunds
- 1. 0%
- 2. 5%
- 3. 12%
- 4. 18%
- 5. 28%
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