GST Registration in Delhi NCR – An Intro
GST is one indirect tax for the entire country. The Goods and Service Tax Act was passed in the Parliament on 29th March 2017. The Act came into effect on 1st July 2017; Goods & Services Tax Law in India is a comprehensive, multi-stage, destination-based tax that is levied on every value addition. The GST committee was set up in 2000 for the first time to draft law and it took 17 years from then on for the law to come into effect. In this article, we will discuss only GST Delhi part. GST Delhi is applicable in the state of Delhi only.
GST Delhi is an indirect tax, levied on the supply of goods and services. This law replaced a lot of other pre-existing indirect tax laws in Delhi. It can be said that, GST is one indirect tax for the entire country. Under the GST regime, the tax is levied at every point of sale. When it comes to intra state sales, the Central GST and the State GST are charged. Inter-state sales are chargeable to Integrated GST. Hence, GST Delhi is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.
From manufacturing to final sale, an item goes through its supply chain. The several stages a product goes through the following stages, purchase of raw materials, production or manufacture, warehousing of finished goods, sale to wholesaler, sale of the product to the retailer, sale to the end consumer. The GST Delhi is levied on all these stages and this makes it a multi-stage tax.
The cascading effect on the sale of goods and services has been removed since the GST Delhi has come into force and it has impacted the cost of goods. The GST Delhi eliminates the tax on tax, the cost of goods decreases. It has also made the tax filing an easy process as everything needs to be done online through the GST Delhi portal and this accelerates the process.
DIFFERENCE BETWEEN DIRECT AND INDIRECT TAX
Direct and indirect taxes include all the different types of taxes levied by the government. Both kinds of taxes are important components of governmental revenue and hence the source of economy for the government funds. GST Delhi is indirect tax source revenue for the Delhi government.
- Direct Taxes – These are non-transferable taxes paid by the taxpayer to the government. An example of direct taxes is Income Tax. These include the taxes that cannot be transferred or shifted to another person, income tax for example an individual pays directly to the government. Therefore, here the burden lies on the individual who earns a taxable income and cannot shift the tax to others. It is paid entirely by the taxpayer and is collected by the central government according to the type of tax levied. Direct taxes include income tax, corporate tax, wealth tax, estate duty, gift tax, fringe benefit tax, excise duty, sales tax, custom duty, entertainment tax, service tax. It allows the government to collect taxes directly from the consumers and is a progressive type of tax, which allows for cooling down of inflation pressure on the economy.
- Indirect Taxes – These are transferable taxes where the liability to pay can be shifted to others. Value Added Tax (VAT) is an example of indirect tax. VAT for example is included in the bill of goods and services that we procure from others. These are the taxes that can be shifted to another person. The initial tax is levied on the manufacturer or service provider and the manufacturer shifts the tax burden then onto the consumers by charging higher prices from the consumers for the commodity by including taxes in the final price. Indirect taxes allow the government to expect stable and assured returns and bring into its fold almost every member of the society- something which the direct tax has been unable to do.
Therefore, the primary difference between direct and indirect tax is the ability of the taxpayer to shift the burden of tax to others and there are different implications of both taxes as both are important for the government as it includes the major part of revenue for the government.
GST REGISTRATION IN DELHI NCR
In this GST Delhi regime, all businesses whose turnover exceeds Rs 20 lakh are required to register as a normal taxable person. Therefore, this process can be termed as registration of goods and services tax. For some businesses it is important to get Delhi GST registration. For example, if the organization carries on its business without registering itself under GST Delhi then it would be an offense under the said act and heavy penalties will be charged. GST Delhi registration is mandatory in the following cases :
- Individuals registered under the Pre-GST Delhi law (Excise, VAT, Service Tax etc)
- The Businesses with turnover more than the threshold limit of Rs. 20 Lakh and Rs 10 Lakh is the limit for the NE states, Jammu and Kashmir, Himachal Pradesh and Uttarakhand.
- Any casual taxable person or Non-resident taxable person.
- Agents of a supplier and Input service distributor.
- Required to pay tax under Reverse Charge (in case supplier is not registered under GST).
- Those who were paying tax under the reverse charge mechanism.
- Persons who supply via e-commerce aggregator.
- Having branches in multiple states or multiple business verticals in one state.
- Making supply to other states.
- The person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered taxable person.
These entities are required to register for GST Delhi as per regulations and need to file GST application Delhi within 30 days from the date on which the entity became liable for registration under GST. GST Delhi registration usually takes between two to six working days. After filing the application with the said department it needs to be signed digitally. The GST Delhi registration is PAN based and State specific. The supplier must register in each such State or Union territory from where he affects supply if he fulfills any of the conditions mentioned above.
DIFFERENT TYPES OF GST
Both Central, as well as the State government, depend on GST for their revenue. Therefore, there are four types of GST, namely IGST, CGST, UTGST and SGST.
- Central Goods and Service Tax (CGST) :
It refers to the Central GST tax that is levied by the Central Government of India on any transaction of goods and service tax taking place within a state. It is one of the two taxes charged on every interstate (within one state) transactions. This tax replaces all the other existing central government taxes including Service Tax, Central Excise duty, CST, Customs Duty etcetera. The rate at which CGST is levied is equal to the SGST rate. Both the taxes are charged on the basis of the base price of the product. Therefore, all the taxes are borne by the end consumer in the final cost, not by the manufacturer or the dealer of the product or service. The GST as discussed above it can be seen that it is levied on the consumption, the state where the product is originally manufactured is not entitled to the tax collected. If the manufacturing state levies a tax, the same will be transferred to consuming state through the Central government.
- State Goods and Service Tax (SGST):
The same as CGST, SGST is one of the two taxes levied on every intra-state transactions of goods and services. It is levied by the state where the goods are being sold/purchased. It has replaced all the pre-existing indirect taxes for example, VAT, State Sales Tax, Entertainment Tax, Luxury Tax, Entry Tax etc. on any kind of transaction that involves goods and services. Here, the state government becomes the sole claimer of the revenue earned under SGST. GST Delhi is just another name used for SGST levied in the state of Delhi.
- Integrated Goods and Service Tax (IGST):
IGST, is applicable on interstate (between two states) transactions of goods and services, as well as imports. This tax is collected by the Central government and will be further distributed among the respective states. It is charged when a product or services is moved from one state to another. This tax makes sure that the State government has to deal with only the Union government and not with every state separately to settle the interstate tax amounts. As we have seen that GST is a consumption tax and thence, the state where the goods are actually consumed will get tax benefits, irrespective of the manufacturing state.
For example – If the product is manufactured in the state of Delhi and supplied to the state of Haryana for sale and then, GST will be levied in Delhi only by the central government and will be paid to the state of Haryana. In the present case, GST Delhi won’t be applicable, but IGST would be applicable for inter-state sale.
- Union Territory Goods and Service Tax (UTGST):
The UTGST, is the GST applicable on the goods and services supply that takes place in any of the five Union Territories of India, including Andaman and Nicobar Islands, Dadra and Nagar Haveli, Chandigarh, Lakshadweep and Daman and Diu. This tax will be charged in addition to the Central GST. A separate GST was implemented for the Union territories because the common State GST cannot be applied on a Union Territory without legislature and Delhi and Puducherry (UTs) have their own legislature hence SGST is applicable to them.
Types of GST in Delhi NCR
Same as GST applicable in all over India, GST Delhi subsumes three types of indirect taxes. In Delhi, on all goods and services CGST, SGST is applicable. If the goods or services produced in the state of Delhi is sold in other states then IGST would be applicable on them.
VARIOUS GST DELHI SLAB RATES / LATEST TABLES OF GST DELHI RATES
The structure of GST Delhi has been formulated in such a way that the essential services and food items are placed in the lower tax brackets while the luxury services and products have been placed in the higher tax brackets. Over 1300 goods and 500 services have been accommodated under four tax slabs of 5%, 12%, 18% and 28% under GST. The tax on gold is kept at 3% and rough precious and semi-precious stones are placed at a special rate of 0.25% under GST. Among the total number of goods 81% of all the goods and services fall below or in the 18% tax slab. Therefore, 75 of the items come under the exempted list, 14% of the items are under or in 5% tax and 17% of the items attract 12% of tax, and 43% of the items attract 18% tax slab, while only 195 of the items fall under the highest slab of 28%.
(Please note that all the GST Delhi slab rates or tables of goods and services placed in those slab rates mentioned above and below are uniform throughout India).
- Exempted GST Delhi Slab rate i.e No Tax – 7% goods and services fall under this category. Some of these that are of regular consumption include fresh fruits and vegetables, milk, buttermilk, curd, natural honey, flour, besan, bread, all kinds of salt, jaggery, hulled cereal grains, fresh meat, fish, chicken, eggs, along with bindi, sindoor, kajal, bangles, drawing and coloring books, stamps, judicial papers, printed books, newspapers, jute and handloom, hotels and lodges with tariff below INR 1000 and so on.
- 5% GST Delhi Slab rate : 14% goods and services fall under this category. Some of these include apparel below INR 1000 and footwear below INR 500, packaged food items, cream, skimmed milk powder, branded paneer, frozen vegetables, coffee, tea, spices, pizza bread, rusk, sabudana, cashew nut, cashew nut in shell, raisin, ice, fish fillet, kerosene, coal, medicine, agarbatti (incense sticks), postage or revenue stamps, fertilizers, rail and economy class air tickets, small restaurants, and so on.
12% GST Delhi Slab Rate : Edibles like frozen meat products, butter, cheese, ghee, dry fruits in packaged form, animal fat, sausages, fruit juices, namkeen, ketchup & sauces, ayurvedic medicines, all diagnostic kits and reagents, cell phones, spoons, forks, tooth powder, umbrella, sewing machine, spectacles, indoor games like playing cards, chess board, carom board, ludo, apparels above INR 1000, non-AC restaurants, business class air ticket, state-run lottery, work contracts and so on attract a 12% GST. 17% of goods and services fall under this category.
- 18% GST Delhi Slab Rate : 43% of goods and services fall under this category. Pasta, biscuits, cornflakes, pastries and cakes, preserved vegetables, jams, soups, ice cream, mayonnaise, mixed condiments and seasonings, mineral water, footwear costing more than INR 500, camera, speakers, monitors, printers, electrical transformer, optical fiber, tissues, sanitary napkins, notebooks, steel products, headgear and its parts, aluminum foil, bamboo furniture, AC restaurants that serve liquor, restaurants in five-star and luxury hotels, telecom services, IT services, branded garments and financial services and so on attract an 18% GST.
- 28% GST Delhi Slab Rate : 19% of goods and services fall under this category. The rest of edibles like chewing gum, bidi, molasses, chocolate not containing cocoa, waffles and wafers coated with chocolate, pan masala, aerated water, personal care items like deodorants, shaving creams, after shave, hair shampoo, dye, sunscreen, paint, water heater, dishwasher, weighing machine, washing machine, vacuum cleaner, automobiles, motorcycles, 5-star hotel stays, race club betting, private lottery and movie tickets above INR 100 etc. have been clubbed together under the 28% GST Delhi slab rate.
The 31st GST Council meeting was held on the 22nd of December 2018 and the rates for 23 Goods and 3 services have been revised.
|List of rate changes at 31st GST Council Meeting|
|SL.no||List of Goods/Services||Changes in Tax Rate|
|1||Vegetables provisionally preserved but unsuitable for immediate consumption||5% to Nil|
|2||Vegetables cooked/uncooked via steamed, frozen or boiled (branded)||5% to Nil|
|3||Music Books||12% to Nil|
|4||Parts for manufacturing renewable energy devices falling under chapter 84, 85 or 94 of Tariff||5%|
|5||Natural Cork||12% to 5%|
|6||Fly ash blocks||12% to 5%|
|7||Walking sticks||12% to 5%|
|8||Marble rubble||18% to 5%|
|9||Agglomerated cork||18% to 12%|
|10||Cork roughly squared or debugged||18% to 12%|
|11||Articles of Natural cork||18% to 12%|
|12||Movie Tickets < or = Rs 100||18% to 12%|
|13||Premium on Third party insurance on Vehicles||18% to 12%|
|14||Accessories for Handicapped Mobility Vehicles||28% to 5%|
|15||Power banks||28% to 18%|
|16||Movie Tickets > Rs 100||28% to 18%|
|17||Video game consoles, equipments used for Billiards and Snooker and other sport related items of HSN code 9504||28% to 18%|
|18||Retreated & used pneumatic Rubber Tyres||28% to 18%|
|19||Colour Television Sets & monitors up to “32 Inches”||28% to 18%|
|20||Digital & Video Camera recorders||28% to 18%|
|21||Pulleys, transmission shafts, cranks and gear boxes under HSN 8483||28% to 18%|
|22||Tax rate on Air travel of pilgrims reduced*||28% to 18%|
PROCESS OF GST REGISTRATION IN DELHI NCR
Today in Delhi maximum goods and services have come under the fold of GST. The GST Delhi registration is important and penalties can be imposed in future if not done the same. It can be done in less than 10 minutes.
The documents necessary for the registration – PAN card, the photograph of the dealer, bank details of the applicant, the proof of his business(establishment proof), rent agreement, service tax registration or VAT registration copy, the date of commencement of business, nature of business, what product and services they deal in. Scanned copy of all these documents is also required.
- Firstly, to file the GST application Delhi, one needs to go to the online portal of GST Delhi.
- After opening the website for new registrations one needs to click on to the ‘new registration’ mentioned on the GST Delhi online portal.
- Then one needs to fill the initial details, name, state, district, legal name of business, email id and mobile number.
- One auto-generated OTP is sent to the mobile number and email Id thus mentioned for the verification.
- After submitting successfully the Part A of the form TRN (Temporary Registration Number) is generated. This TRN has to be noted as it will be used later in the process of filling the GST application Delhi form.
- This followed by filing in the OTP received via SMS as well as via email.
- Then one needs to fill in the actual business details on the GST Delhi online portal – constitution of business, circle as per sales tax department, Commissionerate details as per central jurisdiction.
- If it is for composition registration then a different procedure needs to be followed.
- Then the online GST Delhi registration process requires the reason for obtaining registration-, one needs to mention and click on the reasons apply to your case.
- Next screen demands the details of proprietor and promoters for example the name, father’s name, date of birth , mobile number, gender, pan , email id, designation , aadhaar number.
- The documents must be uploaded like the photograph and the documents listed above.
- Authorize signatory details – fill the mandatory field- designation, pan aadhaar, residential address, proof of authorized signatory.
- Principal place of business also needs to be listed – nature or possession of premises.
- The HSN number of goods also needs to be mentioned and the bank account details of your firms and companies. – all account details with the IFSC code, and proof of bank like cancelled cheques etc
- Verification- all information is then verified. This is the last step in the process of GST Delhi registration.
- Then the details of authorized signatory needs to be filled.
- Then it needs to be submitted with EVC. After entering the OTP the number will be sent to the registered email id.
- Once the process is complete, the GST Delhi registration certificate will be mailed to the user in the maximum time limit of 3 to 4 days.
REASONS FOR ONLINE GST DELHI REGISTRATION
- It removes the cascading effect of taxes.
- E-commerce portals get a well defined treatment.
- Registration online reduces complexity and there is less compliance.
- Through registration unorganized sector can be controlled effectively.
- Logistical efficiency and improvement.
- Online GST Delhi registration process makes the registration very simple via the GST Delhi registration portal.
- The small and medium enterprises get composition schemes.
BENEFITS OF GST DELHI REGISTRATION
- It is mandatorily required for most businesses across India. It has defined certain class of persons to require mandatory Delhi GST registration, irrespective of the aggregate turnover threshold limit – persons making inter-state supply of goods and services, non-resident taxable persons, persons required to deduct tax at source, persons involved in electronic commerce, persons supplying goods and services through e-commerce operators, persons involved in providing online information or database access or retrieval etc.
- Having a GST Delhi registration certificate has the benefits of allowing the entity to becoming a legally recognized supplier of goods and/ services, allows the entity to collect GST Delhi taxes from the consumers, permits the entity to pass on GST Delhi input tax credit to customers and make entity eligible to claim GST Delhi input tax credit on taxes paid and adjust against GST liability.
- The supplier gets a legal backing as he becomes a legally recognized supplier of goods and services.
- The entity is then onwards authorized to collect GST Delhi tax from customers and then and pass it on to Input Tax Credits (ITC). When we checked out the provisions related to composition scheme it was seen that tradeoffs, the balances that a composition has to maintain because he cannot collect tax or claim input tax credit the cost of goods will increase because of the cascading effect and so this person if he wants to claim ITC and pass on ITC to his customers and bring down the cost of his goods then it Is very beneficial to get registered.
- This benefit can be called a national level benefit and may not seem that relevant for an individual business man,. Seamless flow of funds from the centre/ exporting states to IGST Fund and then to importing states. Basically this would make ITC claim much easier because there is an easy flow of funds between the centre and the states.
- A person who wants to claim a voluntary GST Delhi registration, then his focus should be on the three points – how important it is for him to legally recognize his supplies, to collect taxes and to pass on input tax credits to his customers and to claim input tax credits. He will have to find out weather these three benefits are really relevant for him and then he should go ahead and get registered with GST Delhi.
DOCUMENTS REQUIRED FOR ONLINE GST DELHI REGISTRATION
List of documents required to register with GST Delhi are as follows:
Documents required for Sole Proprietorship/ Individual:
- PAN card, aadhaar card and a photograph of the sole proprietor
- Bank account details – a copy of canceled cheque or bank statement
- Address proof of office – Own office – Copy of electricity bill/ landline bill/ water bill/ municipal khata copy / property tax receipt.
- In the case of rented office – Rent agreement and No objection certificate (NOC) from the owner.
Documents required for Partnership deed/ LLP Agreement:
- PAN card, Photograph and aadhaar card of all partners
- Bank details – a copy of canceled cheque or bank statement.
- Address proof of Principal place of business and additional place of business. In case of Owner’s office – Copy of electricity bill/ landline bill/ water bill/ municipal khata copy/ property tax receipt. In case of a rented office the documents required are as follows – Rent agreement and No objection Certificate from the owner (NOC).
- In case of LLP – Copy of board resolution, Registration Certificate of LLP
- Proof of appointment of authorized signatory – letter of authorization.
Documents required for Private limited/ Public limited/ One person company:
- PAN card of the company
- Registration Certificate of the company
- Memorandum of Association (MOA)/ Articles of Association (AOA)
- PAN card, photograph and aadhaar card of all the Directors
- Bank details – a copy of canceled cheque or bank statement
- Address proof of Principal place of business and additional place of business.
- Proof of appointment of authorized signatory – letter of authorization
Documents required for HUF:
- Pan card of HUF
- Photograph, Pan card and aadhaar card of Karta.
- Address proof of Principal place of business and additional place of business.
- Bank details – a copy of cancelled cheque or bank statement.
Documents required for Society or Trust or Club:
- Pan card of the society/ trust/ club
- Registration Certificate of the same
- Photo and Pan card of the Promoters/ Partners
- Bank details
- Address proof of registered office
- Proof of appointment of authorized signatory – letter of authorization
VARIOUS ADVANTAGES OF GETTING GST DELHI REGISTRATION CERTIFICATE
- Legally recognized as supplier of goods and services.
- Proper accounting of taxes paid on the input goods or services which can be utilized for payment of GST Delhi due on the supply of goods or services or both by the business.
- Legally authorized to collect tax from his purchasers and pass on the goods or services supplied to purchasers or recipients.
- Anyone who is performing any kind of business in any part of Delhi needs GST Delhi registration online via the GST Delhi registration portal and therefore he faces no restrictions regarding inter-state sales.
- Any standard registered business opting for Goods and Service Tax registration in India gets the benefit of Input Tax credit facilities.
- A composition dealership gets the benefit of reduction in tax liability, more working capital, fewer compliances.
- The businesses with turnover less than 20 lakh per annum voluntarily opting for Goods and Service Tax registration via a GST Delhi Registration Portal are also benefited with input tax credit facilities, no restrictions regarding inter-state sales, competitive advantages over other businesses and access for registering e-commerce websites.
- A person without GST Delhi registration can neither collect GST Delhi from his customers nor claim any input tax credit of GST Delhi paid by him.
- Registration certificate can be downloaded from the online portal.
- For running any kind of business in Delhi, compliance of GST Delhi is very important.
FAQ’s ABOUT GST DELHI REGISTRATION PORTAL
- Tax Return Preparer (TRP): A taxable person may prepare his registration application /returns himself or can approach the TRP for assistance. TRP will prepare the said registration document/return in prescribed format on the basis of the information furnished to him by the taxable person. The legal responsibility of the correctness of information contained in the forms prepared by the TRP will rest with the taxable person only and the TRP shall not be liable for any errors or incorrect information.
- Facilitation Centre (FC): He shall be responsible for the digitization and/or uploading of the forms and documents including summary sheet duly signed by the Authorized Signatory and given to it by the taxable person. After uploading the data on a common portal using the ID and Password of FC, a print-out of acknowledgment will be taken and signed by the FC and handed over to the taxable person for his records. The FC will scan and upload the summary sheet duly signed by the Authorized Signatory.
If the information and the uploaded documents are found in order, the State and the Central authorities shall approve the application and communicate the approval to the common portal within three common working days. The portal will then automatically generate the Registration Certificate.In case no deficiency is communicated to the applicant by both the tax authorities within three common working days, the GST Delhi registration shall be deemed to have been granted [section 19(9) of MGL] and the portal will automatically generate the GST Delhi Registration Certificate.
WHY CHOOSE GST DELHI ONLINE PORTAL FOR GST DELHI REGISTRATION
GST DELHI online portal is the best online GST registration platforms that aims at making GST Delhi registrations efficient, affordable to the users. It caters to its users with detailed guidelines of the GST Delhi registration process that makes the process of registration hassle free. At every stage, the user is assisted with exhaustive guidelines that is available online to make sure that the user or the applicant is assisted at every stage and if the applicant is not satisfied with the services offered then they also provide the user with the option of getting the expert help.
GST Delhi online portal makes the process of GST registration in Delhi very convenient for the customers. The online registration process offered by the online portal makes sure that you get your GST Delhi registration certificate without stepping out of the house. The customer who avails the services of an online portal for the GST Delhi registration gets regular updates from the portal on their registered mobile number and email address; From the TRN to the GST Delhi registration, everything is regularly updated for the convenience of the customers. Here, they not only provide you with guidance at every step but also ensure that there is no scope for error. GST Delhi online portal is a unique platform which has made GST Delhi registration affordable and convenient by keeping the registration free for GST Delhi registration.