DRAFT RULES FOR REGISTRATION-QUCIK ANALYSIS

GST Update 27.09.2016

GST DAILY DOSE OF UPDATION:-

DRAFT RULES FOR REGISTRATION-QUCIK ANALYSIS:- The pace of the government to implement GST is remarkable and has infused strong confidence in trade and industry to be mentally prepared for GST by April, 2017. The Government has placed Draft Rules on registration, payment of taxes, invoices, returns and refunds on the public domain for suggestions and improvements by 28.09.2016. The highlights of the draft rules pertaining to registration are summarized as follows:-

1.     Three mandatory validations at preliminary stage of registration are PAN number to be verified by database maintained by CBDT portal, verification of mobile number through One Time Password (OTP) and verification of e-mail address through OTP. Without these three validations, reference number for online filing of application will not generate.

2.     Processing of application will be done at either by Centre or State. This is clear from the provision that where clarification regarding particulars mentioned in the registration application has been issued by officer under CGST, subsequent clarifications under SGST will also be forwarded to CGST officer. This indicates that the authority seeking clarification first will be the processing authority.

3.     Sufficient opportunity of hearing will be given before rejection of registration application/cancellation of registration. Moreover, all applications, including reply, appeals or any other document required to be submitted under these Rules shall be electronically filed at Common Portal with digital signature certificate or e-signature as specified. Furthermore, all notices, or order shall be issued electronically through digital signature certificate. This reflects that administration and adjudication under GST regime will be online.

4.     There is provision for post physical verification of business premises in certain cases. Where proper officer is satisfied that physical verification of place of business of taxable person is required after grant of registration, he may get such verification done and upload the verification report along with other documents including photographs on the day following the date of such verification. The Rules do not define cases under which physical verification would be done. Presently, there is provision of physical verification of premises under Central Excise Laws but it is prior to grant of registration. However, the GST regime proposes physical verification after grant of registration so that registration is not delayed for want of physical verification.

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GST Update 27.09.2016

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