Migration to GST

[SUSHILKUMAR GOYAL]

I am registered under Service Tax Law having turnover of more than 10 lacs but less than 20 lacs. Whether I am required to migrate to GST under the situation when upto 20 lacs a person is not required to be registered under GST Law.

Suppose I choose not to migrate to GST with the expectation that the Govt may come out with a clarification and give relief in this regard. What will be the consequences if the Govt does not give relief as expected.

[KASTURI SETHI]

Still GST Act has not been implemented. If there is flaw in the law or dispute in construction of any law or confusion in interpretation by the Department, the benefit always goes to the assessee as per judgement of Supreme Court. No action can be taken against such person. Most probably Board will clear the air before implementation of GST Act.

[Ganeshan Kalyani]

I fully agree with Sri Kasturi Sir's view. However, the draft GST law states that the existing registered assessee need to migrate themself into GST. The criteria of 20 lacs shall apply once the GST law comes into force. But as far as migration is concern you have to carry out the same. This is my view.

AI Summary

GST migration requirement: existing registered taxpayers must complete migration even where registration threshold may later exempt them.
The document presents two positions: one that interpretive doubts before GST implementation favour the taxpayer and may preclude action against non-migration, and another-following the draft law-that existing registered assessees are required to migrate into GST now, with the registration threshold applying only once GST is in force.