My gross receipt has crossed 30 lakhs this year and 20+ last year. But I never got any GST number. I own affiliate websites/web apps, I think I come under OIDAR export category[ https://www.meteorio.com/gst-oidar/ ] 100% of my income is from foreign remittances. Am I looking at penalty here?
28 January 2022
Maybe yes. Since your turnover exceeded 20 lakhs and you were engaged in services then GST registration was mandatory. Since registration was mandatory a lot of compliances have been missed out. Suggest you to engage a professional so that he guides you properly from now onwards
31 January 2022
If you are providing OIDAR service, you were liable to take the registration from the 1st day of April of the financial year in which you crossed the threshold limit i.e. 20 lakh. As you mentioned, service is being provided to recipient located outside India, it shall be zero rated supply. But as you didn't comply the provision of GST act, 2017, department may ask to pay GST liability with interest any time if your case comes under scrutiny.
As current financial year is still going on, it advisable to take the registration immediately and declare all the revenue of current financial year in your first return. You will be liable to make the payment of GST with interest on the revenue generated before registration. You may claim the refund of GST thereafter. After taking registration, file letter of undertaking and do the export without payment of tax. Additional General penalty of delay in registration i.e. 20,000/- may be imposed.
31 January 2022
Kaushik Ji, You can claim the refund after making the payment . I mentioned the same thing in my reply. Please refer the line "You may claim the refund of GST thereafter". Please check
31 January 2022
Ohh Ok Sir but I have also heard that refund ane main problem hota ha. But think ha sir I will go via this route only. One of the CA is also suggesting me to form an LLP and get a GST registration on that LLP and not show anything from my own personal account.
31 January 2022
the transaction done through bank account can be tracked any time. I suggest to deposit and claim the refund. Refund can be received within 2 month. If you are working individually, I don't suggest to create any LLP. It may create additional burden of compliance. But if you still want to hide the previous income by separating new account from the previous one, I suggest to create normal partnership instead of LLP to lower your compliance.
if you want any further assistance, you may drop me an email at cmarajyadav@gmail.com
31 January 2022
It won't matter whether you form a LLP or not. The transactions have already been done in your name and entries have come in your bank account. The formation of LLP is not a good advise. It will further increase your unnecessary compliance.
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