An overview:
The introduction of GST is truly a game changer for Indian Economy as it has replaced multi-layered, complex indirect tax structure with a simple, transparent and technology driven tax structure. Goods and Service Tax (GST) is an indirect tax which is introduced in India on 1st July, 2017 to replace a host of other indirect taxes such as Value Added Tax, Service Tax, Purchase tax, excise duty, Luxury Tax, Entertainment tax, Entry Tax, Special Additional Duty of Customs, etc.
GST return is a type of document thatcontains all the details of your sales, purchases, tax collected on sales (output tax), tax paid on purchases (input tax) and tax paid on reverse charge. It is mandatory to file the GST returnsif you are registered under the GST.GST Authorities make ensure that every person registered under GST make compliances with the provisions of the GST.
⇒ Mandatory Requirement in GST Law
If any person is registered under the Goods and Service Tax then it becomes mandatory to file the GST return whether any sale or purchase is made during the tax period or not. It means you even have to file the nil return.
⇒Levy of Interest
If the GST returns are not filed timely then interest @ 18% per annum starting from the date on which return should be filed till the actual date of filing of return will be charged.
⇒Levy of Late Fees
If the GST returns are not filed timely then late fees will be levied depending upon the type of return whether nil return or other than nil return.
⇒Claim of Input Tax Credit
Entities having GST registration are eligible to collect GST from customer for the supply and offset the liability against GST taxes paid while purchasing various goods and services. But to offset the liability with the GST already paid, the GST Return must be timely filed.
⇒E-way Bill Generation
If any registered person does not file the GST Return for a consecutive period of two months in case of monthly return filer or for a consecutive period of two quarters in case of quarterly return filer then you are not able to generate the E-way Bill.
⇒Suspension of GST Number
If you are registered under the GST but not filing the GST returns, the GST Department may issue notice for not making the compliances with the Provisions of the GST and may also suspend the GST Number till all the GST returns will be filed along with the payment of Interest and Late fees.
⇒Not able to Cancel GST Number
If you want to surrender and cancel the GST Number, then it can be done only after filing all the GST Returns which are not filed.
Bank Loans
GST returns filing serve as proof of business activity and create track record for a business. Banks and NBFCs lend to businesses based on GST return data. Hence, GST return filing can help you formalize your business and get credit. Banks evaluate the credit worthiness of the person based on the GST Returns.
Avoid Notice of Defaults from Government
If there is any irregularity in filing of returns, then the taxpayer may get a notice from the GST department. Departments keep checking of any type of irregularity done by the taxpayer through their GST Returns.
Accountability of the registered user
If the person who is registered under the GST and timely files all the returns, it will show or serve as a proof of accountability of the person. As timely filing of the GST returns shows that the person is settling his GST liability timely without any delay.
Avoid Levy of Interest and Late Fees
The Person who is registered under the GST Act has to file the GST return whether he has a transaction or not during that period. So timely filing of GST returns will avoid levy of interest and late fees.
Claim of Input Tax Credit
Entities having GST registration are eligible to collect GST from customer for the supply and offset the liability against GST taxes paid while purchasing various goods and services. For claiming the benefit or adjusting the GST Paid on your purchases against the GST Collected on the sales, you must need to file the GST Return.
Among all, the first step involved for the process of company incorporation is ascertaining the availability of name. A company is identified through its name it registered on the Ministry of Corporate Affairs. Hence choosing an appropriate name is the important and crucial thing.
For the same, an application will be submitted for the reservation of name to the Ministry of Corporate Affairsby login to the sitehttps://www.mca.gov.in/mcafoportal/login.do and preference wise 2 names along with the business objective can be provided. Once the name gets approved, it’s reserved for 20 days within which applicant needs to complete all the remaining process for the incorporation of the Company.
Stakeholders shall ensure that the proposed name selected does not contain any word as prohibited in Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of the Companies (Incorporation) Rules, 2014.Points to be considered while suggesting the name:
-Check Trademark for your proposed name on the site https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx
– Check domain for your proposed name on the site https://www.registry.in/index
-Check the availability of Company Name on the site https://www.mca.gov.in/mcafoportal/viewCompanyMasterData.do
Therefore, choosing an appropriate name which does not prohibit any law will be the most important thing.
There is also another way to finalize the name of company and its incorporation in one go i.e., apply name and company incorporation together. However, if the same has been rejected by the MCA, then all the documentation will be done again
Once the name gets approved in PART A, the basic details will be automatically filled in all linked forms of PART B. There will be total 4 linked forms which will be generated such as AGILE-PRO, Spice+ MOA, Spice + AOA and INC-9. These linked forms will be filled up with the necessary details like capital subscription, name of shareholders and directors, percentage of holding among the shareholders, Interest of shareholders in other entities, etc.
For completion of the Part B, many other details and documents will be required which is discussed as below:
For the E-filing of all the forms, Digital Signature is a mandatory requirement. Digital Signature is in form of digital key containing all the information about the registered signatory like name, address, Contact No, Email ID and the authority detail which has provided the certificate. All the forms will signed digitally by the authorized signatory by proving its identity through the Digital Signature Certificates.
Director Identification Number is a unique identification number of 8 digits for the directors of a Registered Company.Every director will be provided a unique number with which he will be identified by the MCA. To become a director, one shall apply for getting the DIN from the MCA.To applying DIN, the applicant has to make an application in e-Form DIR-3 and shall follow the below mentioned process
This form is for GSTIN, Employees Provident Fund Organization registration, Profession Tax Registration, Opening of Bank Accounts, Shops and Establishment registration.
It is mandatory to register for ESIC, EPFO, Professional Tax (for Maharashtra) and bank account opening to obtain AGILE-PRO via e-form, However, GSTIN Registration is optional for the applicants.
MOA is a document which contains all the fundamental information about the company, the objectives of the company in brief, the share capital, type of Shares whether equity or preference and its shareholders details, details of allocation of shares among the shareholders along with their name, address and occupation, etc. Company can perform and undertake only those activities that are mentioned in the objectives of Memorandum of Association beyond which the company cannot undertake any other objective but the Memorandum of Association (MOA) can be amended with the approval of the shareholders.
As per Section 4 of the Companies Act, 2013, Companies shall form MOA as specified in Tables A to E of Schedule -I of the Act. Below is the list of tables with their meaning:
Table A: Company Limited by shares
Table B: Company limited by guarantee and not having a share capital
Table C: Company limited by guarantee and having a share capital
Table D: Unlimited Company and not having share capital
Table E: Unlimited Company and having share capital
Hence Company shall adopt an appropriate table applicable to it as there are various forms of tables for different companies.
AOA defines the rules and regulations that govern the internal management of the company for achieving its objectives.
Various forms in Tables F to J for different companies have been mentioned under Schedule I of the Companies Act 2013 and AOA must be in the respective form.
Table A: Company Limited by shares
Table B: Company limited by guarantee and having a share capital
Table C: Company limited by guarantee and not having a share capital
Table D: Unlimited Company and having share capital
Table E: Unlimited Company and not having share capital
Declaration shall be given by the subscribers and directors in the form INC-9 that:
Once all the above documents and details are ready, then the application for the incorporation of the company can be made via e-form Spice accompanied by Spice MOA and Spice AOA with the registrar under whose jurisdiction the address of the company is located. All these e-forms need to be affixed by the Digital Signatures of the respective persons.
The Registrar of Companies will grant a Certification of Incorporation along with the Copy of PAN, TAN, EPF, ESIC which will be used as for the identity of the company existence.
Once the company gets incorporated then there are many compliances which need to be performed by the company
The Company within thirty days of its incorporation shall furnish to the Registrar of Company regarding verification of its registered office by filing the e-form INC-22.
INC-22 shall be downloaded from the Ministry of Corporate Affairs site and any of the following document will be attached with this form:
Every Company incorporated shall within 180 days of its incorporation shall file the declaration for the Commencement of the Business with the Registrar of Company. It is the declaration regarding that all the subscribers to the MOA have deposited the total value of the shares agreed to be taken by them in the Company Bank Account. Proof for the same shall be attached while filing the form INC-20A. Bank Statement shall be used as the evidence for the same.
COMPLIANCESPRO has a separate team which is expert in completing this complex process very easily and helps you to get the company registered within 3 daysonly in a very reasonable price.
Return | Frequency | Due Date |
GSTR-1 | Monthly | 11th of Next Month |
| Quarterly (If opted under the QRMP scheme) | 13th of the month succeeding the quarter |
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IFF (Optional by taxpayers under the QRMP scheme) | Monthly (for the first two months of the quarter) | 13th of the next month. |
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GSTR3B | Monthly | 20th of the next month |
| Quarterly (If opted under the QRMP scheme) | 24th of the next month |
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GSTR-4 | Annually | 30th of the month succeeding a financial year. |
GSTR-5 | Monthly | 20th of the next month |
GSTR-6 | Monthly | 13th of the next month. |
GSTR-7 | Monthly | 10th of the next month. |
GSTR-8 | Monthly | 10th of the next month. |
GSTR-9 | Annually | 31st December of the next financial year. |
GSTR-9C | Annually | 31st December of the next financial year. |
GSTR-10 | Filed when the GST registration is cancelled or surrendered | Within three months of the date of cancellation or date of cancellation order, whichever is later. |
GSTR-11 | Monthly | 28th of the month following the month for which statement is filed. |
Interest leviedon Late filing and payment of GST
The Taxpayer who fails to file the GST returns and pay the GST within the limit specified in the provisions of the GST shall be liable to pay simple interest at the rate of 18% per annum.The interest will be charged for the period starting from the due date till the actual date of filing of return.
Late Filing Fees of GST Returns
The amount of late fees is different for Nil return and other than Nil Return.
We are an organized team of experienced CA, CS and Lawyers, duly supported by a pool of trained staff helping aspiring Entrepreneurs throughout India and providing professional services at the most reasonable fee with complete transparency and helping them to grow by taking their whole burden of all kinds of compliances so that they can focus on their business only.
We are an organized team of experienced CA, CS and Lawyers, duly supported by a pool of trained staff helping aspiring Entrepreneurs throughout India and providing professional services at the most reasonable fee with complete transparency and helping them to grow by taking their whole burden of all kinds of compliances so that they can focus on their business only.
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