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Published on:
February 23, 2023
By
Prerna

Section 23: Persons not liable for registration under GST

The Goods and Services Tax (GST) is an important indirect tax that has unified India's taxation system by replacing various levies like excise duty, service tax, and value-added tax (VAT). This single tax applies uniformly across the country on the supply of most goods as well as services. While most business entities are obligated to enroll in the GST regime, Section 23 of the Act specifies certain classes of taxpayers who are exempted from mandatory registration. Some are let off the hook due to the nature of their operations or annual revenue being below a cutoff threshold. The provision carves out exceptions for smaller players to reduce the compliance burden. 

Who is exempted from registering for GST? 

While thresholds vary across countries, certain entities generally do not need to register for or charge goods and services tax.

1. Small businesses generating revenue below the minimum threshold are often excused from these obligations. Those supplying only non-taxable goods, like produce from the farm, or services like elementary education likewise face no GST requirements. However, as operations expand, exemptions may no longer apply.

2. Certain industries receive carve-outs due to their inherent difficulties administering consumption taxes. Healthcare, for instance, aims to help people in need rather than maximize profits. Subjecting doctors' visits or vital prescription drugs to GST could pose ethical issues or financial barriers to necessary care. Similarly, news media distribution seeks to inform the public, not turn large profits, so basic publications commonly bypass sales taxes. Overall, those with the lowest revenues or supplying only nontaxable necessities typically need not worry about GST registration or compliance. However, businesses and organizations should stay aware of their obligations as their sizes and product mixes change over time. Clear communication with tax authorities also helps ensure all operate under a shared understanding of taxation rules.

3. People who supply goods or services below the threshold limit engage in the supply chain. Thresholds for GST registration fluctuate between states. In most, it's 20 lakh rupees for merchandise but halves to 10 for services. However, certain states lower thresholds to 10 lakh for goods while slashing services to a mere 5 lakh.

4. Suppliers enveloped by reverse charges on certain transactions must also register. Reverse burden arrangements flip traditional supply dynamics on their head.

5. Online entrepreneurs whose businesses necessitate tax collection at source by e-tailers come under the system's purview. Complexities arise when digital storefronts span state lines, subjecting remote vendors to local duties.

Benefits of Not Registering for GST

While registering for GST is mandatory for most businesses, there are some clear advantages to avoiding registration. Opting out of the GST system can lower costs for business owners in several key ways while reducing complexity and red tape.

First and foremost, entrepreneurs are no longer obligated to collect and remit GST on sales of goods and services. This allows costs to remain lower for clients and customers compared to registered competitors. There is also far less paperwork and hassle without the compliance burden of regular tax filings and maintaining purchase/sale records. No returns mean no risk of penalties for missed deadlines or errors.

Registered merchants must also obtain a GST Identification Number for tax purposes. But avoiding registration sidesteps this requirement completely. The reduced red tape flows through to working capital as well, since unregistered vendors don't need funds on hand to pay GST on inventory and supplies.

While the compliance responsibilities of GST may seem an inevitable part of doing business, remaining outside the system does offer certain benefits worth considering. For smaller operations and those under the threshold, it can streamline processes and operations in a low-touch, low-cost manner.

Conclusion

Section 23 of the GST Act outlines those exempt from mandatory registration under the law. While registration applies to most operations, some smaller concerns have leeway. Firms have the choice to forego GSTIN and dodge documenting each minutia of income and transfer. However, by waiving enrollment, they sacrifice the ability to claim input credits and charge tax on supplies. Likewise, those expected to register risk punishment by authorities in case of non-compliance. Ultimately, whether exempted or not, understanding obligations under the far-reaching Act remains prudent.

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Updated on:
March 21, 2024