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gst applicability after voluntary registration

Rakesh Sharma

If in fy 19-20 turnover of business is 22 Lakh till feb 20 (if gst registration limit is 40 lakh in state) and if i have taken gst registration in Mar 20. and in march Gst turnover is 2 Lakh. so total turnover will be 24 lakh. if i filed itr for 24 lakh whether it will be any problem ? will i get gst department or income tax depratment notice? is there gst applicability on 22 lakh turnover?

Business Owner Faces Potential Notices for GST Discrepancies Due to Voluntary Registration and Income Tax Return Differences. A business owner voluntarily registered for GST in March 2020 after having a turnover of 22 lakh for FY 19-20, below the state threshold of 40 lakh. They are concerned about potential notices from the GST or income tax departments after filing an income tax return for a total turnover of 24 lakh. Responses indicate that once registered, GST must be collected and paid, even if turnover is below the threshold. The owner may receive a notice due to discrepancies between income tax and GST returns. Voluntary registration requires paying GST from the first supply post-registration. (AI Summary)
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Ganeshan Kalyani on Feb 22, 2021

GST registration once obtained then even if turnover is withing threshold limit one need to collect and pay GST to the Govt. Yes, it is likely to receive notice particularly from GST dept if tax is not paid.

Rakesh Sharma on Feb 23, 2021

but 22 lakh turnover is prior to registration? whether i will hv to pay gst on that? because goods purchased and all sold befor registration.

KASTURI SETHI on Feb 23, 2021

Sh.Rakesh Sharma Ji,

My views are as under:-

(i) It is not in dispute that you have taken voluntary registration before crossing threshold exemption limit in March, 20. Had you taken registration in the next Financial Year i.e. in April,20 it would have been better and safe with a purpose to avoid unnecessary (avoidable) litigation.

(ii) Now in case you pay GST on ₹ 2 lakhs, it is most likely (100%) that you will receive letter or show cause notice from GST department due to mismatch of figures declared in ITR and GST returns. You will have to justify the difference between both returns. First of all you will receive letter only and NOT SCN. If you justify the reasons for mismatch, SCN will not be issued.

(iii) In the case of voluntary registration (before crossing threshold exemption limiit), the registered person shall pay GST from first supply after registration. Thus that person will enter Input Tax Credit chain before crossing turnover of ₹ 40 lakhs.(we are talking of turnover of goods).

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