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Exemption limit

Amresh kumar

Sir,

In 2018-19 I raised a bill for professional service amounting to Rs Sixteen lakhs ( ₹ 16,00,00,0/-) in 2019-20 I raised the bill for professional service for Rs Twelve lakhs Rs(12,00,00,0).

The TDS was deducted in 2019-20 for both the years I.e 2018-19 and 2019-20. Now 26 AS statement for 2019-20 reflects the amount of SRS 28,00,00,0/-.

Shall I have to take GST registration since the TDs for 2018-19 is reflected in 2019-20.

Regards

Amresh Kumar

GST registration threshold: annual turnover, not TDS timing, governs registration; report turnover correctly to avoid notices. GST registration depends on the annual turnover of the relevant financial year, not on TDS reflected in Form 26AS; if receipts in each year are below the exemption threshold, registration is not required, though taxpayers should report turnover by the correct year and avoid claiming TDS in a manner that creates mismatches which may attract notices. (AI Summary)
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KASTURI SETHI on Apr 24, 2021

Sh.Amresh Kumar Ji,

While filing Income Tax return for financial year 18-19 (A.Y.19-20)and 19-20 (A.Y.20-21), have you not shown figures separately ? I think there is some error on your part.

Amresh kumar on Apr 24, 2021

Respected kasturi sir,

The income tax return is filed for both the years mentioning the turn over of 16 lakhs and 12 lakhs.

The TDS of 2018-19 was however deducted in 2019-20 by the recipient of the service and this had been mentioned in the Income tax return filed for F.Y 2019-20 .

Regards

KASTURI SETHI on Apr 24, 2021

Dear Sir,

If it is so, you need not apply for registration.

ARVIND JAIN on Apr 25, 2021

No need for GST registration as in both years its below the exemption limit but you should not be claiming Full TDS otherwise you may get a notice for registration and mismatch of turnover. Hope you have claimed proportionate TDS only.

Ganeshan Kalyani on Apr 25, 2021

Sir, the threshold exemption for GST registration has to be assessed by not considering the turnover as per 26AS.

Mr Rao on Apr 26, 2021

Dear querist,

I agree with the experts opinion on your query.

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