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Guide on Section 27 of CGST Act - Special provisions relating to casual taxable person and non-resident taxable person

100
Last Updated: 22-06-2017

Contents

Para

Topics

Section/Rules/N/C/O

27.0

Registration Procedure for NRTP/CTP

NA

27.1

Registration of CTP

NA

27.1.1

Time limit for application of Registration by CTP or NRTP

1st Proviso Section 25(1)

27.1.2

Compulsory registration of CTP making Taxable Supply

Section 24(ii)

27.1.3

Procedure for registration of CTP

Section 25

27.2

Registration of NRTP

NA

27.2.1

Documents required for Registration of NRTP

Section 25(7)

27.2.2

Registration process for NRTP

Rule 13

27.3

Validity Period of Registration Certificate (RC) issued to CTP or NRTP

Section 27(1)

27.3.1

Extension of Validity Period of RC

NA

27.3.1.1

PO may extend the validity period of RC by maximum of 90 days

Proviso to Section 27(1)

27.3.1.2

Application in REG-11 for extension of validity of RC

Rule 15(1)

27.3.1.3

Application shall be acknowledged only on payment of Advance Tax for extended period

Rule 15(2)

27.3.1.4

Whether period may be extended for 180 days

C No. 71/45/2018-GST dt. 26-10-2018

27.4

Deposit of Tax in Advance by CTP/NRTP

NA

27.4.1

CTP/NRTP shall deposit tax in advance at the time of submission of application

Section 27(2)

27.4.2

CTP/NRT shall deposit additional tax in advance on extension of time limit

Proviso to Section 27(2)

27.4.3

Amount deposited shall be credited to Electronics Credit Ledger

Section 27(3)

27.4.4

Calculation of Advance Tax (Gross /Net Tax liability)

Circular No. 71/45/2018-GST dt. 26-10-2018

 

27.0 Registration Procedure for NRTP/CTP

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Section 27 and rule 13 provides for validity period of Registration certificate issued to CTP/ NRTP

It also provides for extension of validity period and deposit of tax in advance.

 

27.1 Registration of CTP

 

27.1.1 Time limit for application of Registration by CTP or NRTP

1st Proviso Section 25(1)

Casual Taxable Person[2(20)] or a Non-resident taxable person[2(77)]

shall apply for registration in every such State/UT in which he is so liable

at least 5 days prior to the commencement of business

 

27.1.2 Compulsory registration of CTP making Taxable Supply

Section 24(ii) casual taxable persons making taxable supply

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Section 24(ii) requires compulsory registration of CTP who is making taxable supplies, even if his aggregate turnover does not exceed threshold limit.

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For complete guide, refer para 24.3 of Section 24

 

27.1.3 Procedure for registration of CTP

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Provision of Section 25, Rule 8, 9 and rule 10 relating to application, verification and the grant of registration shall, mutatis mutandis, apply to an application submitted by CTP.

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Please refer Guide on section for procedure of registration

 

27.2 Registration of NRTP

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NRTP cannot exercise the option to pay tax under composition levy.

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NRTP may make supply for business or non-business purpose.

 

27.2.1 Documents required for Registration of NRTP

Section 25(7)

Notwithstanding anything contained in section 25(6),

a NRTP may be granted registration u/s 25(1) on the basis of such other documents as may be prescribed.

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NRTP may apply with Self certified copy of Passport as per Rule 13(1)

 

27.2.2 Registration process for NRTP

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For registration process of NRTP, please refer para 25.18 of Guide on section 25

 

27.3 Validity Period of Registration Certificate (RC) issued to CTP or NRTP

Section 27(1)

RC issued to a CTP or a NRTP

shall be valid for the period

specified in the application for registration or

90 days from the effective date of registration,

Whichever is earlier

 

CTP/NRTP shall make taxable supply only after issue of RC

such person shall make taxable supplies only after the issuance of the RC.

 

27.3.1 Extension of Validity Period of RC

 

27.3.1.1 PO may extend the validity period of RC by maximum of 90 days

Proviso to Section 27(1)

On sufficient cause being shown by the said taxable person,

PO may extend the said period of 90 days by a further period not exceeding 90 days.

 

27.3.1.2 Application in REG-11 for extension of validity of RC

Rule 15(1)

Where CTP or NRTP intends to extend the period of registration,

an application in GST REG-11 shall be submitted

before the end of the validity of registration granted to him.

Extract of Rule 15(1)

REG-11 is to be submitted electronically through the common portal,

either directly or

through a Facilitation Centre notified by the Commissioner

 

27.3.1.3 Application shall be acknowledged only on payment of Advance Tax for extended period

Rule 15(2)

The application u/sr (1) shall be acknowledged only on payment of the amount specified u/s 27(2)

 

27.3.1.4 Whether period may be extended for 180 days

Circular No. 71/45/2018-GST dt. 26-10-2018

SN-2

Issue

As per section 27, period of operation by CTP is 90 days with provision for extension of same by the proper officer for a further period not exceeding 90 days.

Various representations have been received for further extension of the said period beyond the period of 180 days, as mandated in law.

 

Clarification

1. Registration as normal taxable person if exhibitions is more than 180 days

It is clarified that in case of long running exhibitions (for a period more than 180 days), the taxable person cannot be treated as a CTP and thus such person would be required to obtain registration as a normal taxable person.

 

2. While applying for normal registration the said person should upload a copy of the allotment letter granting him permission to use the premises for the exhibition and the allotment letter/consent letter shall be treated as the proper document as a proof for his place of business.

3. In such cases he would not be required to pay advance tax for the purpose of registration.

4. He can surrender such registration once the exhibition is over.

 

27.4 Deposit of Tax in Advance by CTP/NRTP

 

27.4.1 CTP/NRTP shall deposit tax in advance at the time of submission of application

Section 27(2)

A CTP or a NRTP shall,

at the time of submission of application for registration u/s 25(1)

make an advance deposit of tax

of estimated tax liability for the period for which the registration is sought.

 

27.4.2 CTP/NRT shall deposit additional tax in advance on extension of time limit

Proviso to Section 27(2)

where any extension of time is sought u/ss (1),

such taxable person shall deposit an additional amount of tax equivalent to the estimated tax liability of such person for the period for which the extension is sought.

 

27.4.3 Amount deposited shall be credited to Electronics Cash Ledger

Section 27(3)

The amount deposited u/ss (2) shall be credited to the electronic cash ledger of such person and shall be utilised in the manner provided u/s 49.

 

27.4.4 Calculation of Deposit of tax in advance (Gross /Net Tax liability)

Circular No. 71/45/2018-GST dt. 26-10-2018

SN-1

Issue - Whether the amount required to be deposited as advance tax while taking registration as a CTP should be 100% of the estimated gross tax liability or the estimated tax liability payable in cash should be calculated after deducting the due eligible ITC which might be available to CTP?

 

Clarification

1. It has been noted that while applying for registration as a CTP, the GST REG-1 (S. No. 11) seeks information regarding the “estimated net tax liability” only and not the gross tax liability.

2. It is clarified that the amount of advance tax should be calculated after considering the due eligible ITC.