GST
Penalty for not taking GST registration on time
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Facts
Supplying without registration when liable attracts a penalty of ₹10,000 or the tax involved, whichever is higher, under Sec 122(1). Tax and interest are also payable from the date you became liable.
Provisions and law
- Sec 122(1), CGST Act 2017Penalty of ₹10,000 or the tax involved, whichever is higher, for listed offences such as supplying without registration, wrong invoices or wrongful ITC.
- Sec 25(1), CGST Act 2017Apply for registration within 30 days of becoming liable, in every State or UT where liable.
- Sec 50(1), CGST Act 2017Interest is payable on tax paid late for the period of delay at the notified rate (18 percent a year); on a late return it is levied only on the portion paid in cash, except where proceedings under Sec 73, 74 or 74A have started.
Analysis
Suppose you crossed ₹20 lakh in October and billed ₹8 lakh more of taxable services by March without GST. The tax of ₹1,44,000 at 18 percent is still payable, often from your own pocket, plus 18 percent interest. Registering now and paying voluntarily usually reduces the risk of a larger demand later. Ask for the effective date to match your liability date and then regularise past periods.
Conclusion
- Work out the date your turnover first crossed the limit.
- Compute GST on taxable sales after that date.
- Apply for registration now, stating the correct liability date.
- Pay the tax with interest after registration.
- Keep working papers to show you came forward voluntarily.
An unregistered person who keeps collecting GST from customers faces a much harsher position than one who simply registered late.
A Savvy can do this for you
New GST registration, REG-01
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