Gst registration FY 2024-25

This query is : Resolved

praveen Nautiyal (Querist)
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11 August 2025 A Commission Agent has earned 30 L Financial year 2024-25 but due to unawareness he has not opted Gst registration, now what is the treatment, now he wants to file an income tax return.

Please suggest what is the treatment.

Aashok Kumar Sharma online

Aashok Kumar Sharma online

(Expert)
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13 August 2025 1. Apply for GST Registration Immediately
Backdated registration is not allowed via the portal.
Apply with current date (i.e., August 2025).
You cannot legally raise GST invoices for the past period, but you can voluntarily disclose past liability.
2. Voluntary Disclosure of Past Liability (FY 2024–25)
Since GST was not collected, the commission agent may now:
Pay tax from own pocket (i.e., out of ₹30L earnings)
Use Form DRC-03 for voluntary payment of tax, along with interest and possible penalty
Calculate liability under Section 73 of CGST Act (for non-fraud cases)
3. Interest and Penalty Exposure
Interest @18% p.a. from the date tax was due
Penalty may be levied under Section 122 (₹10,000 or tax evaded, whichever is higher), though if disclosed voluntarily before detection, the penalty might be reduced or avoided.
4. File Income Tax Return (ITR-3 or ITR-4)
File ITR with ₹30L as business income (commission income is not salaried income)
Maintain records of commission earned (bank credits, TDS certificates, etc.)
Ensure to match TDS credit (Form 26AS) with income declared

If turnover continues to be above ₹20L, ensure regular GST filings (GSTR-1, GSTR-3B) from now on.

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