Failure to register for GST when mandatory results in a penalty of ₹10,000 or 10% of the tax due, whichever is higher, under Section 122(1) of the CGST Act. If tax evasion is deliberate, the penalty can increase to 100% of the tax amount, along with potential imprisonment for severe cases.
A penalty of Rs. 10,000 or 10% of the tax due, whichever is higher, for not registering despite being liable to do so. A penalty of Rs. 10,000 or the tax amount, whichever is higher, for collecting GST but not depositing it to the government within three months.
If you don't register for GST and are required to, you may have to pay GST on sales made since the date you were required to register. This could happen even if you didn't include GST in the price of those sales. You may also have to pay penalties and interest.
An offender not paying tax or making short payments must pay a penalty of 10% of the tax amount due subject to a minimum of Rs. 10,000. Consider — in case tax has not been paid or a short payment is made, a minimum penalty of Rs 10,000 has to be paid. The maximum penalty is 10% of the tax unpaid.
Accordingly, wherever a registered person procures supplies from an unregistered supplier, he need to pay GST on reverse charge basis.
If I purchase goods from unregistered person, then GST will be paid to Government by me or not? Yes, you will be liable to pay tax on reverse charge basis for supplies from unregistered person.
If you're not registered for GST, your invoices should not include the words 'tax invoice' – you must issue standard invoices. We have examples of how tax invoices can look, including what information needs to be included on them – see, Tax invoices.
Yes. However, as per sub-rule (3) of Rule 164, the taxpayer shall be required to pay the full amount of tax demanded in the notice/ statement / order, as the case may be, including on account of demand of erroneous refund, to avail the benefit of waiver of interest or penalty or both under Section 128A.
This penalty is divided into Rs. 25 per day for both CGST and SGST in instances where there is a tax liability (according to form 3B), and Rs. 20 per day for both CGST and SGST in cases of zero tax liability. However, the total penalty is capped at Rs.
If they are not registered, update the supplier's contact record in your accounting software and change the tax rate accordingly. Request revised invoices from the supplier that exclude GST. If GST was paid in error, request a refund or credit from the supplier.
To register a proprietorship firm without GST in India, you need to follow these steps:
Buying from non-registered suppliers
If you buy goods or services from an unregistered person, they will not charge GST. This normally means you cannot claim GST on the purchase. For some special supplies, such as secondhand goods, you may still be able to claim a GST adjustment.
The GST law requires that every claim for refund is to be filed within 2 years from the relevant date.
Businesses are required to register for GST and pay tax on their annual turnover if their annual revenue exceeds Rs. 40 lakhs in the case of goods supplied and Rs. 20 lakhs for the supply of services.
Cancellation of GST registration means that the taxpayer will no longer be a registered person under GST and will not have to pay/collect any GST, claim an input tax credit or file returns. GST registration cancelled is covered under Section 29 of the CGST Act and Rules 20 to 22 of the CGST Rules.
Fraud Penalties under GST
Here are the key penalties for fraud under GST law: In cases where tax evasion or fraud is proven, the penalty may be monumental, 100% to 300% of the amount of tax evaded. Even in cases where the percentage of tax calculated is less, a minimum penalty of ₹10,000 is imposed.
If you didn't pay enough tax throughout the year, either through withholding or by making estimated tax payments, you may have to pay a penalty for underpayment of estimated tax.
Non/Late Payment
A 5% penalty will be levied on the amount of tax unpaid by the due date and an additional penalty of 2% per month on tax remaining unpaid after 60 days from the due date of the prescribed accounting period (capped at a maximum of 50% of the outstanding tax) may also be imposed.
If you miss the filing deadline and owe GST, the CRA will charge: Late Filing Penalty: 1% of the amount owing, plus 0.25% of the amount owing for each full month your return is late (up to 12 months).
The GST Amnesty Scheme under Section 128A grants total waiver of pending interest and penalty amount if the tax dispute amount is paid by an eligible taxpayer on or before March 31, 2025.
The New GST Rate Structure
The old four-slab structure (5%, 12%, 18%, 28%) has been simplified. The 12% and 28% slabs were eliminated and replaced with a new structure, which is now primarily 0%, 5%, 18%, and a 40% rate for luxury and “sin” goods.
Heavy Penalties and Fines
If you are liable to register for GST but fail to do so, you are considered in violation of GST law. As per the GST Act: A penalty of ₹10,000 or 10% of the tax due, whichever is higher, is applicable. If tax evasion is found to be intentional, the penalty can go up to 100% of the tax due.
According to the current GST regulations, businesses that have an annual turnover below the prescribed threshold can issue invoices without adding GST.
Missing or Incorrect Information
A common mistake is leaving out key details like your business contact information, invoice number, or purchase order references. Always include: Client details. Dates. Clear breakdowns of the goods or services provided.