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ONE TIME REGISTRATION.

Sadanand Bulbule

Dear Experts

Following is the question.

Professional consideration received during 2018-19 has exceeded ₹ 20 lakhs which was ignored due to oversight & registration was not taken. Now the person wants take registration voluntarily for the year 2018-19 and desires to pay applicable GST thereon.

During subsequent years, the consideration received is less than threshold limit prescribed for registration.As such continuation of registration is not required.

Kindly clarify how to take voluntary registration for 2018-19 now and pay GST accordingly. Any specific provisions/notifications for such situations may please be highlighted.

Missed GST Registration Deadline: Pay Arrears with Interest, Late Fees, and Penalty; Consider Surrendering if Below Threshold in 2020. A person exceeded the 20 lakh threshold for GST registration in 2018-19 but failed to register due to oversight. They seek guidance on voluntary registration for that year and paying the applicable GST. An expert clarified that retrospective registration is not possible, and the person should have registered within 30 days of exceeding the threshold. They must now apply for registration, pay the tax arrears with interest and late fees, and can surrender the registration in April 2020 if turnover remains below the threshold. A penalty of 10,000 applies for failing to register when required. (AI Summary)
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KASTURI SETHI on Aug 29, 2019

There is no such provision for applying for registration retrospectively. The concerned person was required to apply for registration within 30 days from the date of crossing threshold exemption limit. Lapse has occurred for which penalty is imposable. Now apply for registration and pay arrears of tax (2018-19) along with interest and late fee. Registration to be obtained now will continue for the year 19-20. If turnover remains below threshold limit in the current year, you can surrender registration in April, 2020.

Sadanand Bulbule on Aug 29, 2019

Thank you so much for your quick & fabulous clarification Sirji. 🙏🙏

KASTURI SETHI on Aug 29, 2019

As Section 122(1) (ix) (xi) of CGST Act, Penalty is ₹ 10,000/- if a person who is liable to be registered under this Act but fails to obtain registration.

Section 73 (8) of CGST Act:- Where any person chargeable with tax under sub-section (1) or sub-section (3) pays the said tax along with interest payable under section 50 within thirty days of issue of show cause notice, no penalty shall be payable and all proceedings in respect of the said notice shall be deemed to be concluded.

Above both issues are separate.

Sadanand Bulbule on Aug 29, 2019

Sir

Thank you so much for further updates on the issue.

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