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Registration

Shivani (Learner) (1881 Points)

04 October 2017

Dear Friends

X makes interstate supply but he deals exclusively in wholly exempt goods.

Is he liable to get registered under GST?

Regards

Shivani

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15 Replies

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 04 October 2017

Yes...
In case he want sell to inter state supply then the 20 Lakhs threshold limit not applicable.
Registration required irrespective of threshold limit...

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RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 04 October 2017

In case he deal only intra state supply also he don't want registration if his turn over above 20lakhs...

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Dr. ShamsheerKhan (Director of S S Associates) (968 Points)
Replied 04 October 2017

An aggregate of the 20 lakhs limit is for intra state supplies. One has to mandatory registered themselves evenif they have one rupee Sale irrespective of their commodity/service tax braket.

Amar Adiga (7 Points)
Replied 04 October 2017

As per the Las notification it's clearly stated that if you are doing any interstate supply then the Turnover limit is not applicable you are liable to register yourself under the gst law .

RAMESH (AUDIT ASST) (56 Points)
Replied 04 October 2017

Dear Shivani
Yes Registration is compulsory must-have.

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (178099 Points)
Replied 04 October 2017

As per CGST Act : https://gstcouncil.gov.in/sites/default/files/CGST.pdf

Section I Page 25 as extracted below:

23. (1) The following persons shall not be liable to registration, namely:––

(a) any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under this Act or under the Integrated Goods and Services Tax Act;

(b) an agriculturist, to the extent of supply of produce out of cultivation of land.

(2) The Government may, on the recommendations of the Council, by notification, specify the category of persons who may be exempted from obtaining registration under this Act.

24. Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act,––

(i) persons making any inter-State taxable supply;

(ii) casual taxable persons making taxable supply;

(iii) persons who are required to pay tax under reverse charge;

(iv) person who are required to pay tax under sub-section (5) of section 9;

(v) non-resident taxable persons making taxable supply;

(vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act;

(vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise;

(viii) Input Service Distributor, whether or not separately registered under this Act;

(ix) 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;

(x) every electronic commerce operator;

(xi) 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; and

(xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council.

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RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 04 October 2017

My Dear Dhirajlal Rambhia Sir.,
Exactly definition of INTER STATE SUPPLY made exempted goods...

Thank you for the Reply 🙏🙏🙏

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S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 04 October 2017

Dear Experts.,

In case it's export of supply then what is exact solution under GST...?

Sourav Mittal (Still Learning) (146 Points)
Replied 04 October 2017

In my opinion, If a dealer deals only in exempted goods, he need not take GST registration, irrespective of his turnover and nature of supply (inter/intra state).

Sourav Mittal (Still Learning) (146 Points)
Replied 04 October 2017

Originally posted by : S ELAVARASI
	Dear Experts., In case it's export of supply then what is exact solution under GST...?

Supply of exempted goods or taxable goods ?

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(Guest)

export is zero rated supply not exemped

so even u exports tax free good

gst no is must

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Shivani (Learner) (1881 Points)
Replied 05 October 2017

Dear Friends

Thanks for replying to my query.

So what i conclude is the following"

Section 24 which makes registration in case of interstate supplies compulsory overrrides section 22 and not section 23.

Section 23 is an independent provision which exempts registration in case of wholly exempt goods whether intrastate or interstate.

Hence no reigstration required in case of interstate supply of wholly exempt goods.

Thanks

Regars

Shivani

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RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 05 October 2017

@ Shivani.,
You read My First two replies...

If we deal only intra state supply then no need registration if the turn over above 20lakhs for dealing excempted goods....

Otherwise you can sell your goods to inter state supply then Registration mandatory irrespective of threshold limit...

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