ॐ असतो मा सद्गमय
Casual Taxable Person has been defined in Section 2 (20) of the CGST Act. It means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in a State or a Union territory where he has no fixed place of business.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 19)
Yes, the government organizations which are required to deduct tax at source u/s 51 of GST Law, shall mandatorily obtain registration under the Act.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 18)
No, Section 16(3) provides that input tax credit will not be allowed on the tax component of cost of capital goods/ plant and machinery, if the depreciation on the said tax component is claimed under the provision of Income Tax Act, 1961 by the taxable person. Therefore, the registered person has an option to either claim depreciation (under the Income Tax Act, 1961) or claim credit under the GST law, on the said tax component.
For example:
Cost of Asset= 1,000/-
Tax = 100/-
Total = 1,100/-
If depreciation is charged on 1,000/-, then credit will be available under the GST law and if depreciation is charged on 1,100/- then credit will not be available.
(ICAI FAQ PUBLICATION 06-09-2017 INPUT TAX CREDIT: FAQ NO.9)
As per Section 24 of the GST Act, the following categories of persons shall be required to be registered compulsorily irrespective of the threshold limit:
(a) persons making any inter-State taxable supply;
(b) casual taxable persons making taxable supply;
(c) persons who are required to pay tax under reverse charge;
(d) non-resident taxable persons making taxable supply;
(e) an electronic commerce operator for whom the provision of section 9(5) of GST Act apply.
(f) persons who are required to deduct tax under section 51;
(g) Every electronic commerce operator;
(h) persons who supply goods or services or both on behalf of other taxable persons whether as an agent or otherwise;
(i) input service distributor;
(j) persons who supply goods or services or both, other than supplies specified
under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;
(k) every person supplying online information and database access or retrieval
services from a place outside India to a person in India, other than a registered person;
(l) such other person or class of persons as may be notified by the Government on the recommendations of the Council.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 17)
As per section 2 (6) of the GST Law, aggregate turnover means the aggregate value of all taxable supplies, exempt supplies, export of goods or services or both and inter State supplies of persons having the same PAN, to be computed on all India basis and excludes CGST/SGST, IGST, UTGST and cess. Aggregate turnover does not include value of inward supplies on which tax is payable on reverse charge basis.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 17)
Every supplier whose aggregate turnover exceeds Rs. 20 Lacs (10 Lacs for special category states) in a financial year is liable to get himself registered in a State from where he makes taxable supplies. However, certain categories of persons mentioned in Section 24 of GST Law are liable to be registered irrespective of this threshold. Further, following persons shall not be liable to register as per section 23: –
(a) An agriculturist, to the extent of supply of produce out of cultivation of land.
(b) Any person engaged exclusively in the business of supplying goods and/ services that are not liable to tax or wholly exempt from tax under the CGST Act or under IGST Act.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 16)
Where the application for registration has been submitted within thirty days from the date on which the person becomes liable to registration, the effective date of registration shall be date on which he become liable for registration. Where an application for registration has been submitted by the applicant after thirty days from the date of his becoming liable to registration, the effective date of registration shall be the date of grant of registration.
In case of suo moto registration, i.e. registration pursuant to any survey, enquiry, inspection, search or any other proceedings, the effective date of registration shall be the date of order of registration.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 14)
Yes. Explanation to Section 16(2)(b) of the CGST Act provides for deemed receipt of goods where the goods are delivered by the supplier to the recipient or any other person on the direction of the recipient, whether acting as agent or otherwise, before or during movement of goods.
(ICAI FAQ PUBLICATION 06-09-2017 INPUT TAX CREDIT: FAQ NO.8)
No. A person without GST registration can neither collect GST from his customers nor claim any input tax credit of GST paid by him.
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 13)
The taxable supplier supplying to UN bodies is expected to mention the UIN on the invoices and treat such supplies as supplies to another registered person (B2B).
(ICAI FAQ PUBLICATIONS 06-09-2017 REGISTRATION: FAQ NO. 12)