I have registered under gst on Sept but my turnover exceed rs. 20 laks on july whether i have to pay tax under gst for amount exceeding rs. 20 lakh. Please provide Under which section i can refer it?
Nilkesh kumar (no) (192 Points)
24 June 2018I have registered under gst on Sept but my turnover exceed rs. 20 laks on july whether i have to pay tax under gst for amount exceeding rs. 20 lakh. Please provide Under which section i can refer it?
RAJA P M
("Do the Right Thing...!!!")
(127911 Points)
Replied 24 June 2018
Vinod Babu
(24191 Points)
Replied 24 June 2018
Hardik Lashkari
(Content Writer)
(3449 Points)
Replied 24 June 2018
Hi Nilesh,
Let's analyse the various provisions of the CGST act to understand the aspects related to your query -
According to Section 22 of CGST Act,
Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both if his aggregate turnover in a financial year exceeds twenty lakh rupees.
If we analyse your query in light of the above provisions, we can conclude that you will be a TAXABLE PERSON under GST Act from July onwards.
Let's analyse the charging section now -
Section 9(1) is the charging section of CGST Act. According to the section -
There shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person.
Since the charging section puts the liability on the taxable person and not the registered person, you are liable to pay GST from July itself when you became liable for the registration.
I hope I have answered your query. For any further problems, you can message me here on on my mail ID.
prakin singhal
(314 Points)
Replied 24 June 2018
Vinod Babu
(24191 Points)
Replied 24 June 2018
RAJA P M
("Do the Right Thing...!!!")
(127911 Points)
Replied 24 June 2018
| Originally posted by : Vinod Babu | ||
 |
Yes I agree the statement of Mr Hardik sir. But practically speaking, no taxpayer shall not bear the liability of paying the taxes before the gst registration date. Because legally gst department can't assess the threshold limit of taxpayer. The taxpayer when self declared his turnover only that time we can know that he is crossing the threshold limit. |  |
Bro.,
Above said replies is suggestions and based on rule...
May be he can't supply any goods from july to septemeber (on or before registration). If in this way he don't want pay any taxes or PENALTY...
In case he made any supplies and keep bills on or before registration and after reach thrhold limit (As per his statement) then HE MUST PAY TAX & PENALTIES. If he is collect or NOT...
Vinod Babu
(24191 Points)
Replied 24 June 2018
RAJA P M
("Do the Right Thing...!!!")
(127911 Points)
Replied 24 June 2018
| Originally posted by : Vinod Babu | ||
|
Yes agree with you point Raja sir. I just told the practical view of tax payers. So the tax payer is liable to pay gst from the time of crossing the threshold limit. | |
practical view : Yes.. Noramally Taxpayers can't will. (But, Govt not accepted other views. Except based on Law...
liable to pay gst from the time of crossing the threshold limit : Yes... As per his Statements
Vinod Babu
(24191 Points)
Replied 24 June 2018
prakin singhal
(314 Points)
Replied 24 June 2018
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