HSN REQUIREMENT

 

ANNUAL RETURN GSTR 9 / 9C

 

DUE DATE FOR FILING OF GSTR 3B FOR SEP'20

 

APPLICABILITY OF TAX AUDIT

GST REGISTRATION DOCUMENTS CHECKLIST

DOCUMENTS FOR GST REGISTRATION

GST REGISTRATION DOCUMENTS CHECKLIST

CATEGORY OF PERSONS		DOCUMENTS REQUIRED FOR GST REGISTRATION
Sole proprietor / Individual		Ø  PAN card of the owner Ø  Aadhar card of the owner Ø  Photograph of the owner (in JPEG format, maximum size – 100 KB) Ø  Bank account details* Ø  Address proof**
Partnership firm (including LLP)		Ø  PAN card of all partners (including managing partner and authorized signatory) Ø  Copy of partnership deed Ø  Photograph of all partners and authorised signatories (in JPEG format, maximum size – 100 KB) Ø  Address proof of partners (Passport, driving license, Voters identity card, Aadhar card etc.) Ø  Aadhar card of authorised signatory Ø  Proof of appointment of authorized signatory Ø  In the case of LLP, registration certificate / Board resolution of LLP Ø  Bank account details* Ø  Address proof of principal place of business**
HUF		Ø  PAN card of HUF Ø  PAN card and Aadhar card of Karta Ø  Photograph of the owner (in JPEG format, maximum size – 100 KB) Ø  Bank account details* Ø  Address proof of principal place of business**
Company (Public and Private) (Indian and foreign)		Ø  PAN card of Company Ø  Certificate of incorporation given by Ministry of Corporate Affairs Ø  Memorandum of Association / Articles of Association Ø  PAN card and Aadhar card of authorized signatory. The authorised signatory must be an Indian even in case of foreign companies/branch registration Ø  PAN card and address proof of all directors of the Company Ø  Photograph of all directors and authorised signatory (in JPEG format, maximum size – 100 KB) Ø  Board resolution appointing authorised signatory / Any other proof of appointment of authorised signatory (in JPEG format / PDF format, maximum size – 100 KB) Ø  Bank account details* Ø  Address proof of principal place of business**
*BANK ACCOUNT DETAILS:
Ø  For bank account details, a copy of cancelled cheque or extract of passbook/bank statement (containing the first and last page) must be uploaded.  (in JPEG format / PDF format, maximum size – 100 KB)
**ADDRESS PROOF:
Ø  UPLOAD ANY ONE OF THE FOLLOWING DOCUMENTS: 1.      Property tax receipt 2.      Municipal Khata copy 3.      Electricity bill copy Ø  APART FROM THE ABOVE, THE FOLLOWING MAY APPLY ON A CASE-TO-CASE BASIS: Ø  Ownership deed/document (in the case of owned property) Ø  Lease / rent agreement (in case of leased / rented property) – To be submitted along with (1), (2) or (3) Ø  Consent letter / NOC from the owner (in case of consent arrangement or shared property) – To be submitted along with (1), (2) or (3)
BASED ON THE NATURE OF ACTIVITIES BEING CARRIED OUT BY THE ENTITY
NATURE OF GST REGISTRATION	PURPOSE OF REGISTRATION		DOCUMENTS TO BE UPLOADED
Normal taxpayer registration (including  composition dealer, Government departments and ISD registrations)	For undertaking a taxable supply of goods / or services		Ø  PAN card of Company (only in case of company) Ø  Certificate of incorporation given by Ministry of Corporate Affairs / Proof of constitution of business Ø  Memorandum of Association / Articles of Association (only in case of company) Ø  PAN card and Aadhaar card of authorised signatory. Authorised signatory must be an Indian even in case of foreign companies / branch registration Ø  PAN card and address proof of all directors of the Company (partners in case of firm) Ø  Photograph of all directors and authorised signatory (in JPG format, maximum size – 100 KB) Ø  Board resolution appointing authorised signatory / Any other proof of appointment of authorised signatory (in JPEG format / PDF format, maximum size – 100 KB) Ø  Bank account details* Ø  Address proof of principal place of business**
GST practitioner	For enrolling as GST practitioner		Ø  Photo of the applicant  (in JPG format, maximum size – 100 KB) Ø  Address proof of place where professional practice takes place Ø  Proof of qualifying degree (Degree certificate) Ø  Pension certificate (only in case of retired Government officials)
TDS registration	For deducting tax at source		Ø  Photo of drawing and disbursing officer (in JPG format, maximum size – 100 KB) Ø  PAN and TAN number of the person being registered Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB) Ø  Proof of appointment of authorised signatory Ø  Address proof of tax deductor**
TCS registration	For collecting tax at source (E-commerce operators)		Ø  PAN number of the person being registered Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB) Ø  Proof of appointment of authorised signatory Ø  Address proof of tax collector **
A non-resident OIDAR service provider	For online service providers not having any place of business in India		Ø  Photo of authorised signatory (in JPG format, maximum size – 100 KB) Ø  Proof of appointment of authorised signatory Ø  Bank account in India* Ø  Proof of non-resident online service provider (eg: Clearance certificate issued by Government of India, License issued by original country or certificate of incorporation issued in India or any other foreign country)
Non-resident taxable person (NRTP)	For non-residents occasionally undertaking taxable supply of goods / or services in India		Ø  Photo and Proof for the appointment of an Indian authorised signatory Ø  In case of individuals, scanned copy of the passport of NRTP with VISA details. In case of business entity incorporated outside India, unique number on the basis of which the Country is identified by the Government of that country.  Ø  Bank account in India* Ø  Address proof**
Casual taxable person	For non-registered domestic persons occasionally undertaking taxable supply of goods / or services in India		Ø  Photo and Proof for the appointment of an Indian authorised signatory Ø  Proof of constitution of business Ø  Bank account in India* Ø  Address proof**
UN bodies/embassy	For obtaining Unique Identification Number to claim the refund of taxes paid on goods/services		Ø  Photo of authorised signatory Ø  Proof of appointment of authorised signatory Ø  Bank account in India*

DECLARATION FOR COMMENCEMENT OF BUSINESS

 DECLARATION FOR COMMENCEMENT OF BUSINESS

eForm INC-20A

A company incorporated on or after 02//11/2018, having share capital shall not commence its business or exercise any borrowing powers unless a declaration is filed by the directors within 180 days from date of incorporation of company in INC form 20A with the Registrar of Companies that “every subscriber to the MOA has paid the value of the shares agreed to be taken by him on the date of making of such declaration” and the contents of the said form shall be verified by a Company Secretary or a Chartered Accountant or a Cost Accountant, in practice:

Provided that in the case of a company pursuing objects requiring registration or approval from any sectorial regulators such as the Reserve Bank of India, Securities and Exchange Board of India, etc., the registration or approval, as the case may be from such regulator shall also be obtained and attached with the declaration.

·        Yes, it is mandatory to obtain certificate of Commencement of Business by filing form 20A

·        All the companies incorporated on or after 02//11/2018 and having a share capital shall file “Form INC 20A

·        Companies incorporated before 02//11/2018 and limited by guarantee not having share capital shall not file “Form INC 20A

·        Due date of filing form INC 20A: From the date of incorporation within 180 days

·        One has to attach the Bank Account statement of Company having all credit entries for receipt of subscription money received from all subscribers to MOA (As Subscribers proof of payment for value of shares) or valid payment proof like NEFT / IMPS receipts

·        Penalty if not Filed the form INC- 20:

o   Company liable to pay Rs. 50,000

o   Every officer who is in default liable to pay Rs. 1000/- per day of default upto a Maximum Rs. 1,00,000/-.

·        Consequence if form is not Filed within time:

o   Registrar may initiate action for the removal of the name of Company.

o   Company cannot borrow money

o   Company cannot start business

REQUIREMENT OF CERTIFICATE OF COMMENCEMENT OF BUSINESS

 INTRODUCTION

There are certain rules and regulations you need to follow while establishing anything and everything. These rules and regulations help you form a strong base for your work. These rules are especially mandatory when dealing with any legal venture. Similarly, when you set up your business, you need to follow certain rules and regulations, prescribed by the Government. It gives your entity a legal identity as well as provides you with other benefits. Obtaining Certificate of Commencement of Business is one of the steps you need to follow between registering and running your business. It was a mandatory step until Companies Act, 2015 was introduced. The Act has now removed the previous compulsion of having this certificate. Now, it depends on you whether to obtain one or not. Howsoever, discussed below is what is a certificate of commencement of business.

The certificate of commencement of business was a mandatory step under Companies Act, 2013. It was mandatory for public companies with share capital. The certificate is issued by the registrar of joint stock companies.

The certificate of commencement of business was important because only after obtaining the certificate were you allowed to start any business related activities. Before that, you were not allowed to exercise any kind of powers or benefits which come along with company registration.

STEPS TO OBTAIN CERTIFICATE OF COMMENCEMENT

·        First, file e-Form 20 (a declaration).

·        Attach the statement in the prospectus of your company ( a legal document which provides all the securities you offer to the public upon the purchase of your product in written).

·        File it with the registrar after which a verification will take place.

·        After the successful verification, you are issued with the Certificate of Commencement of Business.

WHILE REGISTERING THE ABOVE DOCUMENTS YOU WILL NEED SOME OTHER DOCUMENTS TOO;

·        Identity and Address Proof.

·        DSC (Digital Signature Certificate).

·        Certificate of Registration (which is issued by RBI in the case of non-banking financial companies only).

·        A consent letter from all the Directors (Director Declaration as well as board resolution).

All these documents are submitted along with prescribed fees.

The application for the Certificate of Commencement of Business is generally applied within one hundred and eighty days of incorporation of the company.

Previously, there were consequences of doing business without the certificate of commencement of business, including penalty as well as cancellation of registration of the company.

However, with the new Companies Act, 2015 in power, there are no such consequences. It is your will to have the certificate or not.