15 April 2021
We had applied for GST registration and rent agreement along with elecrticity bill was submitted ,the GST dept has issued SCN on our new application stating :
1.Mention complete postal address - The address mentioned by us in the application is already complete with plot no, pincode,state,city ,area, house number, lane number and landmark what do they mean by complete address ??
2. The other thing they have mentioned is agreement provided is for residential purpose and asking us to upload agreement for commercial purpose ,is there any law which states that ecommerce business cannot be run from home address ?
07 July 2024
When responding to the GST department's Show Cause Notice (SCN), here are some points to consider for each query:
**Query 1: Mention complete postal address**
- Ensure that the address provided includes all necessary details such as plot number, pin code, state, city, area, house number, lane number, and landmark. - Double-check that there are no discrepancies or missing information in the address field of your GST registration application. - If the GST department has deemed the address incomplete, you may need to recheck the format or ensure that all fields are correctly filled out.
**Query 2: Residential versus Commercial Purpose of Agreement**
- It's important to understand that for GST registration, the place of business should typically be a commercial premises where business activities are conducted. - While certain businesses can be run from a residential address, especially for e-commerce or service-oriented businesses, the GST department may require specific documentation or clarification: - **Residential Agreement**: If your current agreement is for residential purposes, and you are conducting business activities from there, you may need to explain how these activities comply with GST laws and regulations. - **Commercial Purpose Agreement**: If possible, provide an agreement or documentation that explicitly states the commercial use of the premises for business purposes. This could include a lease agreement, rental agreement, or any other document that supports the commercial nature of your business operations.
**How to Respond:**
1. **Address Query**: - Review the address format provided in your application and ensure it includes all relevant details. - If you believe the address is complete as per the provided guidelines, clearly state this in your response. Provide a breakdown of each component of the address to demonstrate completeness.
2. **Residential/Commercial Agreement Query**: - Explain the nature of your business and why you are operating from the current premises. - If operating from a residential address, explain the suitability of this address for your business activities, especially if it is an e-commerce or service-oriented business. - Provide any additional documentation that supports the commercial nature of your operations, such as utility bills, business licenses, or any agreements demonstrating the use of the premises for business purposes.
3. **Documentation Submission**: - Ensure all requested documents are clearly labeled and uploaded to the GST portal in response to the SCN. - Double-check the requirements mentioned in the SCN and ensure all necessary information and documents are provided to support your case.
4. **Follow-up**: - After submitting your response, monitor the status of your application on the GST portal. - If needed, follow up with the GST helpdesk or seek assistance from a professional consultant who can guide you through the process.
Addressing these queries comprehensively and providing the necessary documentation will strengthen your case and help resolve the issues raised by the GST department effectively.
CAclubindia
