Legal Provisions Relating to Migration of Existing Tax Payers

By Registrationwala

26th April 2017

 

Word GST Migration has been creating raves in the country. Every tax paying anindividual is trying to understand the process and register to shift from the existing system to the new age tax system. The government has taken the initiative to educate the citizens about the upcoming shift.

Below mentioned are the legal provisions relating to th emigration of existing taxpayers.

According to Sec 166 Migration of existing taxpayers of GST must do as follows.

a) On the prescribed day of the registration, every individual that has in the past already registered under the tax system and has a valid PAN card issued on his name shall be issued a certificate of registration. This certificate will be issued on aprovisional basis in such form and manner as prescribed by the government.

b) The validity of the certificate of registration which is issued under subsection (1) will prevail for a period of 6months from the date of its issue.

The period is subjected to extension to a further notice as per instructions given by Central/State Government may, on the recommendation of the Council

c)  After the issue of acertificate of registration under the subsection (1), the registrant is expected to furnish the details required specified under subsection (2) within the prescribed period.

d) Once the prescribed information is furnished,  the certificate of registration issued under subsection(1) shall, subject to the provisions of section 23, be granted on a final basis by theCentral/State Government.

e) This certificate of registration issued under subsection (1) is subjected to be cancelled if the person fails to deliver within the prescribed time specified under subsection (2), the informationprescribed under sub-section (3).

f)  The certificate of registration issued to a person under sub-section (1) shall be considered tohave not been issued if the said registration is cancelled in theundertaking of an application filedby such person that he was not liable to registration under section 23.

g)  A certain person to whom the the certificate of registration has been issued on a provisional basis andwho is eligible to pay tax under section 9, may opt to do so within a prescribed timeline and as per the prescribed guideline.

On a condition that if the person who does not opt to pay tax under section 9 as per the prescribed timeline in this behalf will be liable to pay tax under section 8.

Draft Registration Rules

Rule 14. Migration of persons registered under Earlier Law

1.  Every individual registered under the earlier taxation system and having a Permanent Account Number which is issued under the Income Tax Act, 1961 (Act 43 of 1961) shall be granted registration on a provisional basis and a certificate of registration in FORM GST REG- 21, incorporating the Goods and Services Tax Identification Number (GSTIN) therein, shall be made available on the GST Portal.

2.  (a) Every individual granted a provisional registration under subrule (1) is expected to submit an electronically generated application of FORM GST REG–20, which is duly signed. Apart from that they also have to provide with theinformation and documents specified in the said application. These documents should be made available on the Common Portal eitherdirectly or through a Facilitation Centre, notified by the Board or Commissioner.

(b) the prescribed information claimed for in clause (a) is expected to be furnished within the period specified in section 142. If not it should be furnished within the period as may be extended by the Board or Commissioner in its interest.

(C) Upon furnishing the correct information as per the prescribed form and duly checked by the right authorities a certificate of registration in FORM GST REG-06 shallbe made available to the registered taxable person electronically on the Common Portal.

3. On failing to furnish details or information specified in sub-rule (2) or which have not found to be correct or complete, the authorities shall cancel theprovisional registration granted under sub-rule (1) and issue an order in FORM GST REG-22:

On a condition that no provisional registration shall be cancelled as above-mentioned without serving anotice to show cause in FORM GST REG-23 and without affording the person concerned an opportunity to justify his stand.

4. Every individual that has been registered under any of the earlier laws and who is not liable to be registered under the Act can optionally file electronically an application in FORM GST REG-24 at the Common GST portal for the cancellation of the registration granted provisionally to him and the Assigned authorities, will conduct an enquiry as considered fit and cancel the said provisional registration.

Click here for GST Migration.

 

Legal Provisions Relating to Migration of Existing Tax Payers

2017-04-26