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Gst migration( rent from immovable property) under 15 lakhs per annum

28 March 2017

what if the assesse has received the provisional id and password but his annual turnover is under 15 lakhs. He/She is exempted to pay service tax . but does he need to migrate and then apply for cancellation or does he need not use his provisional ids.

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5 Replies

Karanjeet S Bedi (2 Points)
Replied 28 March 2017

Threshold level exemption up to Rs. 10 lakh.

Kanwal Jeet (7 Points)
Replied 30 March 2017

threshold is upto 20lacs as per the GST . it was 10 laks when under service tax law. 10lacs is the threshold exemption nw only incase of north eastern indian states

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160322 Points)
Replied 30 March 2017

" does he need to migrate and then apply for cancellation or does he need not use his provisional ids"

Not mandatory to migrate, if aggregate TO below 20 L

Kanwal Jeet (7 Points)
Replied 30 March 2017

can you please tell the source of the point that you mentioned. it would be really helpful

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160322 Points)
Replied 31 March 2017

Most of the existing taxpayers will be under GST regime. Even those with interstate transactions, RCM etc. would also be required to get mandatorily registered under GST without turnover limit. This question is only for very few intrastate small traders under 19 lakhs TO (other than NE region). As such no law binding, but for easier transformation to GST, the provisional registration is in progress. Read below a request from ST Commissioner, Mumbai

OFFICE OF THE PRINCIPAL COMMISSIONER SERVICE TAX II, MUMBAI

13th Floor, Air India Building, Nariman Point, Mumbai-400 021.

F.No.ST2/Dn X/GST/47/2016-17

Mumbai, the March’ 2017

Sir/Madam,

Subject: – Migration of Service Tax Assessees to GST: – Reg.

As you are aware that, the process of migration of the existing Service Tax assesses to GSTN is on. All the existing Service Tax assesses have been assigned provisional user ID and password for migration which can be viewed at www.aces.gov.in.after login with your current TIN and Password. While the present Service Tax Exemption threshold is Rs.10 Lakhs, in GST it would be Rs.20 Lakhs aggregate turnover. However, threshold of aggregate turnover shall not be applicable in the following cases and they are required to register themselves.

Persons making any Inter-State supply;
Casual taxable persons;
Persons who are required to pay tax under reverse charge.
Non-resident taxable persons;
Who are required to deduct tax (ie. TDS)
Persons who supply goods and/or services on behalf of other registered taxable persons whether as an agent or otherwise;
Input Service Distributors (ISDs);
Persons who supply goods and/or services, other than branded services, through electronic commerce operators;
Every electronic commerce operator and persons required to collect tax at source (TCS);
An aggregator who supplies services under his brand name or his trade name;

2. Also, while the present aggregate turnover of Rs.10 Lakhs in Service Tax is only for taxable services, the aggregate turnover of Rs.20 Lakhs under GST would include all aggregate turnovers as defined under model GST Act. You may like to go through model GST laws available in www.cbec.gov.in under the heading GST. Definition of aggregate turnover as contained in Section 2 (6) of Model GST law is reproduced below:-

“means the aggregate value of all taxable and non-taxable supplies, exempt supplies and exports of goods and/or services of a person having the same PAN, to be computed on all India basis and excludes taxes, if any, charged under the CGST, SGST Act and the IGST Act, as the case may be;

Explanation:- Aggregate turnover does not include the value of supplies on which tax is levied on reverse charge basis and the value of inward supplies.

3. Considering the above aspect you are requested to provide the following information.

i. Whether your turnover for the year 2016-17 is likely to exceed Rs.20 Lakhs?

ii. If no, whether you would be migrating to GST in view of the above stated provisions under Model GST laws?

In views of the you are requested to complete migration process and update the status accordingly.

4. In case of any doubt, you may contact us at 022-22897691/696 or email atacdiv10-st2mum @ gov.in. The above information may please be submitted to this office by 04.03.2017 positively.

Yours sincerely,

Assistant Commissioner, Div-X

Service Tax-II, Mumbai

Courtesy: https://www.casango.org/migration-of-service-tax-assessees-to-gst/