Penalties for Not Obtaining a New GST Registration Number on Time

Penalties for Not Obtaining a New GST Registration Number on Time

A Story by ishita ramani
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Not obtaining a New GST Registration Number on time can result in penalties of 10% of the tax due (minimum ₹10,000) or up to 100% for evasion.

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Businesses who engage in specific forms of trade and supply or exceed the established turnover threshold in India are required to comply with the Goods and Services Tax (GST). Getting a New GST Registration Number in the allotted time is a crucial step for organizations. If you don't, you fear serious fines, difficulties with the law, and issues running your business. The consequences of failing to obtain a New GST Registration Number in a timely manner are discussed in this article, which also highlights how crucial compliance is for businesses.

Why is GST Registration Mandatory?  

Businesses with an annual turnover of more than ₹40 lakhs (₹20 lakhs for service providers) and specific supplier categories, like those involved in interstate sales, online enterprises, and e-commerce operators, must register for GST. Businesses are able to lawfully collect taxes from clients and transfer the credit for input taxes paid when they have a New GST Registration Number.

Penalties and other legal consequences for violating to GST registration rules may have a detrimental impact on the financial stability and reputation of your company.

Penalties for Not Registering for GST on Time

1. Late Registration Penalty

The tax authorities may penalize a business for neglecting to register for a New GST Registration Number within the allotted time frames. The following is the penalty for failing to obtain GST registration under the GST Act:

10% of the total tax liability, with a ₹10,000 minimum.
When there is intentional tax avoidance, the fine might reach 100% of the amount owed in taxes.
For companies, especially smaller ones, this can be a major burden because it has an immediate effect on profitability.

2. Liability for Tax Payment

Companies who do business without a New GST Registration Number are still required to charge GST on all goods that are subject to taxation. But firms cannot claim the input tax credit (ITC) on purchases if they are not properly registered, which raises the total tax burden. To make matters worse financially, they might also have to pay interest on the GST they neglected to pay. 

3. Interest on Late Payment

If GST is not paid on time due to the failure to register, businesses are liable to pay interest on the tax amount due. The interest is typically charged at 18% per annum. This interest is calculated from the date on which the tax was due until the date it is paid. This further increases the financial penalties for non-compliant businesses.

4. Ineligibility to Claim Input Tax Credit

One of the significant benefits of registering for GST is the ability to claim Input Tax Credit (ITC) on taxes paid on purchases. However, businesses without a New GST Registration Number are not allowed to claim ITC. This means that the taxes paid on inputs become an added cost, reducing profitability and impacting cash flow.

5. Legal Action and Business Restrictions

In addition to financial penalties, the government may initiate legal proceedings against businesses that fail to comply with GST registration requirements. This could result in:

  • Seizure of goods.

  • Cancellation of business licenses.

  • Temporary or permanent closure of the business.

Moreover, non-compliance may also result in restrictions on conducting interstate sales and business with registered GST dealers, limiting the business’s growth potential.

When Should You Apply for a New GST Registration Number?

It is essential for businesses to apply for a New GST Registration Number as soon as they meet the eligibility criteria or begin engaging in taxable supplies. This includes businesses with an annual turnover exceeding the threshold limits, those making inter-state sales, or those involved in e-commerce.

Process of GST Registration  

To avoid penalties, businesses must apply for a New GST Registration Number through the GST portal. The process involves:

  • Submission of an online application along with required documents such as PAN, Aadhaar, business address proof, and bank account details.

  • Verification by GST officials.

  • Issuance of a GSTIN (Goods and Services Tax Identification Number) after approval.

Timely registration not only helps in avoiding penalties but also ensures smooth business operations and legal compliance.

Steps to Avoid Penalties for Late GST Registration  

  1. Monitor Turnover: Regularly track your business turnover to ensure you apply for GST registration as soon as you exceed the threshold.

  2. Understand Eligibility: Even if your turnover is below the threshold, understand whether your business falls into a special category (e.g., inter-state sales, online businesses) that requires mandatory registration.

  3. Maintain Documentation: Ensure that all necessary documents required for GST registration are ready to avoid delays in the application process.

  4. Seek Professional Help: If you're unsure about the registration process, seek advice from tax professionals or consultants who can assist you in obtaining your New GST Registration Number on time.

Conclusion  

Timely registration for a business is crucial for all businesses to avoid penalties, legal issues, and financial strain. Non-compliance with GST regulations can lead to hefty fines, loss of input tax credit, and legal complications that may severely impact business operations. By ensuring timely GST registration and understanding the eligibility requirements, businesses can streamline their tax processes and focus on growth without facing unnecessary legal and financial obstacles. 

 

 

© 2024 ishita ramani


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Added on September 6, 2024
Last Updated on September 6, 2024
Tags: gst, New GST Registration Number