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application of GST

05 May 2017

Hi

Am having query, am in logistics industry. Customer having business with Chennai and occasionally having with Hyderabad, Normally GST based on Statewide, if being so, whether customer is required separate GST ,( That's state wise) , or can the customer use Chennai GST ,( Tamilnadu GST number) for other states transactions as well. Kindly clarify.

Kumar. D.K

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5 Replies

CA Rashmi Gandhi (Chartered Accountant) (86323 Points)
Replied 05 May 2017

IF branches located in different state then separate registration is required under each state. But in a single state all are added as additional places of business. Also registration rules as per GST law is given below.(Read point1 for ur clarification) (1) Every person who is liable to be registered under Schedule V of this Act shall apply for registration in every such State in which he is so liable within thirty days from the date on which he becomes liable to registration, in such manner and subject to such conditions as may be prescribed: PROVIDED that a casual taxable person or a non-resident taxable person shall apply for registration at least five days prior to the commencement of business. (2) Notwithstanding anything contained in sub-section (1), a person having multiple business verticals in a State may obtain a separate registration for each business vertical, subject to such conditions as may be prescribed. (3) A person, though not liable to be registered under Schedule V, may get himself registered voluntarily, and all provisions of this Act, as are applicable to a registered taxable person, shall apply to such person. (4) Every person shall have a Permanent Account Number issued under the Income Tax Act, 1961 (43 of 1961) in order to be eligible for grant of registration under sub-section (1), (2) or (3): PROVIDED that a person required to deduct tax under section 46 shall have, in lieu of a Permanent Account Number, a Tax Deduction and Collection Account Number (TAN) issued under the said Act in order to be eligible for grant of registration. (5) Notwithstanding anything contained in sub-section (4), a non-resident taxable person may be granted registration under sub-section (1) on the basis of any other document as may be prescribed. (6) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer may, without prejudice to any action that is, or may be taken under this Act, or under any other law for the time being in force, proceed to register such person in the manner as may be prescribed. (7) Notwithstanding anything contained in sub-section (1), (a) any specialized agency of the United Nations Organization or any Multilateral Financial Institution and Organization notified under the United Nations (Privileges and Immunities) Act, 1947 (46 of 1947), Consulate or Embassy of foreign countries shall be granted a Unique Identity Number; and (b) any other person or class of persons, as may be notified by the Commissioner, shall obtain a Unique Identity Number, in the manner prescribed, for the purpose(s) notified, including refund of taxes on the notified supplies of goods and/or services received by them. (8) The registration or the Unique Identity Number, shall be granted or, as the case may be, rejected after due verification in the manner and within such period as may be prescribelow. (9) A certificate of registration shall be issued in the prescribed form, with effective date as may be prescribed. (10) A registration or an Unique Identity Number shall be deemed to have been granted after the period prescribed under sub-section (8), if no deficiency has been communicated to the applicant by the proper officer within that period. (11) Notwithstanding anything contained in sub-section (8), any rejection of application for registration or the Unique Identity Number under the CGST Act / SGST Act shall be deemed to be a rejection of application for registration under the SGST Act / CGST Act. (12) The grant of registration or the Unique Identity Number under the CGST Act / SGST Act shall be deemed to be a grant of registration or the Unique Identity Number under the SGST/CGST Act provided that the application for registration or the Unique Identity Number has not been rejected under SGST/CGST Act within the time specified in sub-section (8). (13) The Central or a State Government may, on the recommendation of the Council, by notification, specify the category of persons who may be exempted from obtaining registration under this Act

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Vineeth PN (Account Assistant) (687 Points)
Replied 05 May 2017

simply i can telll if you are giving service to interstate you can Rise IGST (CGST+SGST) Invoice.After gst no statewise tax like tamilnadu gst, karnataka gst. You are in Karnataka, custome a is in tamil nadu, customer B is in Karnataka, Customer C is in Kerala.

When you are ricing the invoice tax form like this,

Karnataka to karnataka =CGST+SGST

karnataka to Tamil nadu- IGST( cgst + sgst)

Karnataka to Keral Also - IGST( cgst + sgst)

Vinod Araveti (Practicing CA) (1180 Points)
Replied 06 May 2017

I think you want to konow about Number of GST registrations required in GST scenario.

If you have more than one place of business in one state you can take centralized registration for all those places of business. If you have place of business in different states then, you need to take a separate registration for each place of business.

However if you don't have any place of business in other state but have interstate transcations then you need not take the registration in other state.

To decide whether IGST or CGST and SGST to be charged on any transaction, we have to refer the Place of supply rules. Because just because the customer is other state we need not charge IGST when the place of supply is in with in state. For example Bill to ship to case.

KUMAR DURAI KRISHNA (40 Points)
Replied 07 May 2017

Hi vinod ,thanks, in fact my question is little different as below :

1) customer based in Hyderabad. where as the invoice raising by Chennai office.since the shipment terminated / originated in Chennai. if being so , pls.do advice the GST based on Invoicing location or Customer Address (_that's in Chennai or Hyderabad) .

Looking forward your guidance!!.

Thanks/ Kumar. D. K