Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST Update on whether threshold exemption is really an exemption?

GST Update on whether threshold exemption is really an exemption?

WHETHER THRESHOLD EXEMPTION IS REALLY AN EXEMPTION?
 
If we look at the present Central Excise Laws and Service Tax Laws, we find that there is small scale exemption wherein certain assessees are being exempted from payment of tax if their turnover in the preceding financial year is less than the threshold limit. In case of Central Excise Laws, the levy of central excise duty is exempted upto Rs. 1.5 Crores if the turnover of the preceding financial year is less than Rs. 4 Crores. Similarly, there is no levy of service tax if the taxable value of services in the preceding financial year does not exceed Rs. 10 Lakhs. However, the government had announced that the exemptions presently available will be minimised so that a reasonable revenue neutral tax rate is achieved. But, the provisions of the final GST Law indicate that there will be no threshold exemption in the GST regime.
 
 
We submit that section 2(107) of the CGST Act defines “taxable person” as a person who is registered or liable to be registered under section 22 or section 24 thereby meaning that payment of tax is dependent on the fact who is the taxable person. Furthermore, the provisions of section 22(1) of the CGST Act, 2017 states that 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. The above provision clearly states that a supplier is liable to be registered only if his aggregate turnover in a financial year exceeds twenty lakh rupees.
 
 
However, section 24 also states the categories of persons that are mandatorily required to get registered. The categories include persons making any inter-State taxable supply; casual taxable persons making taxable supply; persons who are required to pay tax under reverse charge etc. thereby meaning that the specified categories of persons will be required to get registration irrespective of the aggregate turnover. Say for example, a person making single supply of inter state will be liable to get registered as he will be considered as taxable person. Now, the question arises is that what is the benefit of relaxing requirement to get registered if the aggregate turnover is below twenty lakh rupees.
 
 
It is pertinent to mention here that a new provision has been introduced in the Final CGST Act, 2017 wherein as per section 9(4) if goods are supplied by unregistered person to registered person, the tax will be payable by the registered person under reverse charge mechanism. It is also worth noting that there is no monetary limit for invocation of this provision leading to conclusion that practically there is no threshold exemption in the GST regime. This is for the reason that even if the goods are procured from unregistered person, the tax will be payable by the registered person under reverse charge mechanism indicating that there is no threshold limit as such. Under the GST regime, tax will be payable by the registered person on purchase of goods from unregistered person thereby implying that the government does not intend to provide any kind of small scale exemption. However, no tax will be payable by unregistered person on supply of goods to another unregistered person if the aggregate turnover does not exceed Rs. 20 Lakhs but this will be a very rare phenomenon. It is most likely that the transportation of goods service by road will be under reverse charge mechanism which is commonly availed by every assessee and even if tax is paid under reverse charge mechanism, the assessee will be required to get registered and will be considered as taxable person. Hence, it appears that the threshold limit of Rs. 20 Lakhs provided in section 22 (1) is illusionary and rather GST will significantly enlarge the tax base of the government.  
 
Now the next question is whether an assessee who is required to register himself due to above reason, can continue to avail the exemption upto Rs. 20 Lakh? Say for example, if he has made an inter-state supply of Rs. 100/- and now he has to pay IGST. For this reason, he will register himself with the department. But his total intra state supply is Rs. 5 Lakh only. Can he avail the exemption on next intra state supply of Rs. 15 Lakh or he has to pay tax on next intra state supply since he is registered with the department. The provisions of CGST Act underlines that since he is registered with the department then he has to pay the tax on next supply. This means that as soon as he gets register for any reason then he has to forgoe his threshold exemption and start paying the tax.
 
 
Visit us at www.capradeepjain.comand also at
https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com