Gst registration

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 July 2017 A small CA firm having gross receipts of around Rs 12 Lakhs doing work from the office in the state where he resides. Only billing is done to HO in case of Bank Audit (HO is in Delhi,Branches allotted in Home state of CA Firm). Whether he is required to get registered under GST.

Seek expert Advice.
Thanks

Amit Goel

Amit Goel (Expert)
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12 July 2017 As per Sec 34 of CGST : Compulsory registration

Head office in the state other than supplier state make it interstate supply hence registration is required.

Note : If don't want to register raise the bill to Home Branch.
Suggestion :It is better to get register otherwise bank has to pay tax on reverse charge basis.

Querist : Anonymous

Querist : Anonymous (Querist)

12 July 2017 Sir,Thanx for the expert view.
Bank Branches are registered in the state as per GST Act in which CA firm is doing statutory audit.But Branch Audit fees are paid by the HO as per Bank's policy.Supply of service is Intra-State,but payment is received from HO( Outside State).
Sir,location of service supplier and receiver is in the same state.
As the real income of CA firm is below threshold limit and situation will continue for another couple of years,the firm does not want to register in GST now.
Please suggest

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Amit Goel

Amit Goel (Expert)
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12 July 2017 Under GST in order to Decide whether a supply is Inter State or Intrastate we have to look to things:
Location of Supplier
Place of Supply
In your case if you want to treat it like as intrastate then you have to raise the invoice on Branch only.
If you raise the invoice on HO, then as per section 12 of IGST act, your place of supply will be location of HO which will make the supply as inter state.

Querist : Anonymous

Querist : Anonymous (Querist)

12 July 2017 Thanx for your valuable suggestion.

Sir, we mention the name of Branches audited along with other details i.e raise the invoices on branches,but send it to HO for payment purpose on behalf of branches.Still are we liable for registration?

Thanks & Regards