CAN GTA TAKE TWO REGISTRATION IN SAME STATE UNDER SAME PAN . ONE GSTIN FOR FCM 12% AND ANOTHER GSTIN FOR RCM 5%

[krupasindhu khandual]

As per the decision of 20th gst council meeting Notification no 20/2017 a GTA can only opt one option either 5% RCM or 12% with ITC. Provided it has to choose from the beginning of the financial year.

My doubt is can it take two registration one for 5% and other for 12% with ITC in one pan in same state?

If yes, how can we APPORTION the Common ITC on Purchase of Trucks that are used both for RCM and FCM supplies.

[Sandeep Garg]

Mr. Krupasindhu Khandual,

As per law, there is no bar in having two registration numbers. Since a person is considered as distinct person in respect of each registration number, he can opt separate options under NN 11/2017-CT (Rate) dated 28.06.2017 - S.No. 9(iii) refers.

Now, as per intention, common trucks are proposed to be used for both registrations. To this, i would like to mention that these trucks could be have been accounted for in either of the books and therefore, since both persons are distinct persons and supply of right to use trucks is made without consideration, you have to adhere to the provisions of Schedule I - S.No. 2. As far as valuation is concerned, same may be devised as per formula which ensures that input tax credit availed by unit opting for 12% rate stands appropriated in the ratio of turnover of 5% unit and 12% unit. Disclaimer: Formula need to be devised basis facts of the case.

[Ganeshan Kalyani]

Relevant provision in the GST law regarding separate registration is given below:

Sec 25(2) A person seeking registration under this Act shall be granted a single registration in a State or Union territory:

Provided that a person having multiple places of business in a State or Union territory may be granted a separate registration for each such place of business, subject to such conditions as may be prescribed.

Sec 2(85) “place of business” includes––

(a) a place from where the business is ordinarily carried on, and includes a warehouse, a godown or any other place where a taxable person stores his goods, supplies or receives goods or services or both; or

(b) a place where a taxable person maintains his books of account; or

(c) a place where a taxable person is engaged in business through an agent, by whatever name called;

The above provision states that there should be separate place of business to get separate registration.

[KASTURI SETHI]

Sh.Ganeshan Kalyani Ji,

I agree with your view. This was also brewing in my mind. Otherwise also there is no logic to obtain two separate registration for the purpose of supplying service under RCM as well as FCM. It is just like to opt for a whirlpool when one can sail smoothly in a calm sea.

[Ganeshan Kalyani]

Yes, Sir I agree with you.

[KASTURI SETHI]

Dear Querist,

Reply to your query was published in 'Question Answer' form at Page J 213 & J214 of GST Law Times (Weekly) -(A Centax Publication) in Volume 12 : Part 5 : 31 st May, 2018. Go through questions (b), (c) & (d). These replies are relevant even today.