Before moving towards the penalty for not obtaining GST registration clause, first, we need to understand who is liable for registration under the GST Act.
Every supplier is responsible to get registered under the GST Act when the aggregate turnover of goods or services or both in a financial year exceeds INR 20 Lakh (twenty lakh rupees). Where such supplier deals in goods or services or both located in the Special Category States -
then they are liable to register under the GST Act the aggregate turnover exceeds INR 10 Lakh (ten lakh rupees) in a financial year. Failure or delay in getting registered under the Act will attract a PENALTY for not enrolling in GST registration fees. Penalty for not registering under GST Act or in case of compulsory registration penalty can be imposed for not applying for registration even it is compulsory As per section 122 of the CGST Act, a person/supplier exceeds the threshold limit for GST registration and becomes taxable or is legally bound to get registered, and if a person has failed to obtain the registration the penalty is equivalent to: penalty for nonregistration under GST shall be INR 10,000/- (ten thousand rupees) or ten percent (10%) of the tax due from such person/supplier, whichever is higher. Examples: Mr. F crosses the threshold limit and becomes liable for GST registration but fails to register under GST, and total tax due from the date of becoming liable for GST registration till the date of actual registration is INR 1,20,000/-. The late registration penalty for not taking registration under GST will be INR 12,000/- (1,20,000 x 10%) will be applicable. If Mr. F fails to register under GST, and the total tax due by him is INR 80,000/-, then, consequences of non registration under GST will be a penalty of INR 10,000/-.
Though there is no special provision for penalty for late registration under gst registration by a taxable person/supplier, if the GST authorities catch any taxable person/supplier applying late for GST registration, the penalty will be levied on such person/supplier: The higher of INR 10,000/- or the total amount of tax evaded by the taxable person/supplier.
If GST not registered on time:
In Accordance to Rule 18 of the CGST rules 2017; (1) every registered person/business must mandatorily display the registration certificate at the principal place of business and the additional place of business. (2) every registered person/business must mandatorily display the Goods and Services Tax identification number on the name board at the principal business place and the additional business place. Although there is no specific penalty for the same, the general penalty under the GST Act is INR 25,000 which will be applicable in this case as well.
Although there is no specific penalty for the same, the general penalty under the GST Act is INR 25,000 which will be applicable in this case as well.