Taxable Person Under GST – Complete Guide
GST is applicable only when a taxable
supply is made by a taxable person. Therefore, before understanding
GST registration, every taxpayer must first understand who is considered a
taxable person under the GST law.
Many businesses assume that every
supplier has to register under GST. However, the law provides several
situations where registration is mandatory, optional, or not
required at all.
This article explains the complete concept of Taxable Person under the CGST Act with practical illustrations.
What is a Taxable Person?
According to Section 2 of the
CGST Act, a Taxable Person means a person who:
- Is registered under GST, whether voluntarily or
compulsorily, or
- Is liable to obtain registration under the GST Act.
Simply put,
Only a taxable person can be
liable to pay GST on taxable supplies.
If a person is not liable to
register and has not obtained registration, GST generally does not
apply to his taxable supplies as provided under the law.
Registration under GST
The registration provisions are mainly covered under:
- Section
22 – Threshold-based Registration
- Section
23 – Persons Not Liable for Registration
- Section
24 – Compulsory Registration
Section 22 – Threshold-Based Registration under GST
Section 22 of the CGST Act lays
down the threshold limits for GST registration. It provides relief to
small businesses by exempting them from compulsory registration until their aggregate
turnover exceeds the prescribed limit. Once the threshold is crossed, the
person must obtain GST registration in every State or Union Territory from
where taxable supplies are made.
What is Threshold-Based Registration?
Threshold-based registration
means that a person is not required to register under GST if their
aggregate turnover during a financial year remains within the prescribed limit.
However, once the turnover exceeds the applicable threshold, GST registration
becomes mandatory.
Example
Suppose ABC Traders in
Maharashtra exclusively supplies taxable goods. During the financial year, its
aggregate turnover reaches ₹42 lakh. Since the turnover exceeds the
applicable threshold of ₹40 lakh, ABC Traders must obtain GST
registration and start complying with GST provisions.
Applicable GST Registration
Threshold Limits
The registration limit depends on
the nature of business and the State from which taxable supplies are made.
|
Category of
Supplier |
Threshold Limit |
|
Suppliers in Manipur, Mizoram, Nagaland and Tripura |
₹10 Lakh |
|
Suppliers in Arunachal Pradesh, Meghalaya, Sikkim, Telangana,
Uttarakhand and Puducherry |
₹20 Lakh |
|
Exclusive suppliers of Goods (other eligible States/UTs) |
₹40 Lakh |
|
Exclusive suppliers of Services |
₹20 Lakh |
|
Suppliers of Goods as well as Services |
₹20 Lakh |
When the ₹40 Lakh Limit is Not
Available
The higher threshold limit of ₹40
lakh is not available to suppliers dealing in certain specified
goods. These include:
- Tobacco and tobacco products
- Ice cream and other edible ice
- Pan masala
- Bricks, blocks, earthen or roofing tiles (excluding
wall tiles)
For these businesses, the
applicable threshold remains ₹20 lakh, subject to the provisions of the
GST law.
Interest Income Exception
Where a person is exclusively
engaged in the supply of goods and also earns interest income (which
is an exempt supply of service), such exempt interest income is ignored for
determining eligibility for the ₹40 lakh threshold.
Example
XYZ Electronics sells electronic
goods worth ₹38 lakh and earns ₹5 lakh as bank interest during
the financial year.
- Turnover from goods: ₹38 lakh
- Interest income: ₹5 lakh (exempt)
For deciding the registration
threshold, only the turnover from goods is considered. Therefore, XYZ
Electronics remains eligible for the ₹40 lakh threshold.
Important Points
- Registration is required only after the aggregate
turnover exceeds the applicable threshold limit.
- Registration must be obtained in every State or
Union Territory from where taxable supplies are made.
- Different threshold limits apply based on the
supplier's location and the nature of supplies.
- Persons covered under Section 24 (Mandatory
Registration) must register irrespective of turnover.
- Section 22 provides threshold-based GST registration for small taxpayers.
- The threshold limit may be ₹10 lakh, ₹20 lakh, or ₹40 lakh, depending on the State and nature of business.
- Exclusive suppliers of goods in eligible States can generally avail the ₹40 lakh limit.
- Suppliers of services or mixed supplies are generally subject to a ₹20 lakh threshold.
- Once the prescribed limit is crossed, GST registration becomes compulsory from the applicable date.
Section 23 – Persons Not Required to Register under GST
Section 23 of the Central Goods
and Services Tax (CGST) Act specifies the categories of persons who are not
required to obtain GST registration. These persons are treated as non-taxable
persons for registration purposes because either their activities are
outside the scope of GST registration or the Government has specifically
exempted them.
Understanding Section 23 is
important because not every person supplying goods or services is required to
register under GST. The law provides exemptions to reduce the compliance burden
on certain categories of taxpayers.
Who is Not Required to Register under GST?
The following categories of
persons are not required to obtain GST registration under Section 23:
1. Agriculturists
An agriculturist, whether
an Individual or a Hindu Undivided Family (HUF), is not required to obtain GST
registration for the supply of produce arising out of the cultivation of land.
The exemption is available only
for agricultural produce grown through cultivation. However, if the
agriculturist carries on any separate taxable business activity, GST
registration may become applicable for that business, subject to the
registration provisions.
Example
Mr. Ramesh is a farmer who
cultivates wheat on his own agricultural land and sells the harvested crop in
the local market.
GST Registration Required?
No. Since the sale relates
to agricultural produce grown through cultivation, GST registration is not
required.
2. Persons Exclusively
Supplying Exempt Goods or Services
A person who is exclusively
engaged in supplying exempt goods or exempt services is not required to
obtain GST registration.
This includes persons making
only:
- Exempt supplies
- Nil-rated supplies
- Non-taxable supplies
Since no GST is payable on these
supplies, registration is generally not required.
Example
A charitable hospital provides
only healthcare services to patients.
Healthcare services are exempt
from GST.
GST Registration Required?
No. Since the hospital
supplies only exempt healthcare services, registration under GST is generally
not required.
Another Example
A school providing education
services that are exempt under GST is not required to obtain GST registration
if it exclusively provides exempt educational services.
3. Persons Notified by the
Government
The Government has the power to
notify specific classes of persons who are exempt from obtaining GST
registration.
Such exemptions are issued
through notifications considering the nature of supplies or administrative
convenience.
Example
Certain suppliers making only
supplies on which tax is payable under the Reverse Charge Mechanism (RCM) may
be exempted from obtaining GST registration through Government notification.
Similarly, the Government may
notify additional categories of persons who are not required to register under
GST from time to time.
Quick Summary
|
Category |
GST Registration Required? |
|
Agriculturist
supplying agricultural produce |
No |
|
Person
supplying only exempt goods or services |
No |
|
Person
supplying only nil-rated supplies |
No |
|
Person
supplying only non-taxable supplies |
No |
|
Government-notified
exempt persons |
No |
- Section 23 identifies the persons who are not required to obtain GST registration.
- Agriculturists supplying produce from cultivation are exempt from registration.
- Businesses exclusively engaged in exempt, nil-rated, or non-taxable supplies are generally outside the GST registration requirement.
- The Government may notify additional categories of persons who are exempt from registration.
- If a person subsequently becomes liable to register under the GST Act, registration must be obtained from the applicable date.
Section 24 – Mandatory Registration under GST
Section 24 of the Central Goods
and Services Tax (CGST) Act specifies the categories of persons who are required
to obtain GST registration compulsorily, irrespective of their aggregate
turnover. Unlike Section 22, where registration depends on crossing the
prescribed threshold limit, the threshold exemption is not available to
persons covered under Section 24.
The purpose of mandatory
registration is to ensure effective tax administration and compliance for
specific categories of taxpayers who are involved in transactions requiring
closer GST monitoring.
Who is Required to Obtain Mandatory GST Registration?
The following persons are
required to obtain GST registration irrespective of their turnover:
|
Category of
Person |
Registration
Required |
|
Inter-State supplier of taxable goods |
Yes |
|
Casual Taxable Person (CTP) |
Yes |
|
Non-Resident Taxable Person (NRTP) |
Yes |
|
Person liable to pay tax under Reverse Charge Mechanism (RCM) |
Yes |
|
Government departments liable to deduct TDS under GST |
Yes |
|
E-Commerce Operators required to collect TCS |
Yes |
|
Supplier of online money gaming from outside India to India |
Yes |
|
Agent making taxable supplies on behalf of another taxable person
(specified cases) |
Yes |
|
Other persons notified by the Government |
Yes |
1. Inter-State Supplier of
Taxable Goods
A person making taxable supplies
of goods from one State to another is generally required to obtain GST
registration under Section 24, irrespective of turnover, unless specifically
exempted by Government notifications.
Example
ABC Traders, located in Delhi,
supplies electronic goods worth ₹5 lakh to customers in Maharashtra.
Since the supply is an inter-State
supply of taxable goods, GST registration becomes mandatory, subject to the
relaxations notified by the Government.
2. Casual Taxable Person (CTP)
A Casual Taxable Person is
someone who occasionally undertakes taxable transactions in a State or Union
Territory where they do not have a fixed place of business.
Such persons must obtain GST
registration at least five days before commencing business.
Example
A handicraft seller from
Rajasthan participates in a trade exhibition in Karnataka for ten days.
Since he has no fixed place of
business in Karnataka, he must obtain GST registration as a Casual Taxable
Person before making taxable supplies.
3. Non-Resident Taxable Person
(NRTP)
A Non-Resident Taxable Person is
an individual or business located outside India that occasionally undertakes
taxable supplies in India.
They are also required to obtain
GST registration before commencing business activities in India.
Example
A company incorporated in
Singapore participates in an exhibition in India and sells products during the
event.
The company must obtain GST
registration as a Non-Resident Taxable Person.
4. Persons Liable to Pay Tax
under Reverse Charge Mechanism (RCM)
Certain notified recipients are
liable to pay GST under the Reverse Charge Mechanism instead of the supplier.
Such persons are required to
obtain GST registration wherever applicable under the GST provisions.
Example
A business receiving notified
services on which GST is payable under RCM must comply with the registration
requirements prescribed under the Act.
5. Government Departments
Deducting TDS
Government departments, local
authorities and other notified entities that are required to deduct Tax
Deducted at Source (TDS) under GST must obtain GST registration
irrespective of turnover.
6. E-Commerce Operators
Collecting TCS
Every E-Commerce Operator liable
to collect Tax Collected at Source (TCS) under Section 52 of the CGST
Act must obtain GST registration.
Examples of E-Commerce Operators
include online marketplaces that facilitate supplies made by vendors through
their digital platform.
7. Supplier of Online Money
Gaming from Outside India
A supplier providing online
money gaming services from outside India to persons located in India is
required to obtain GST registration irrespective of turnover.
This provision ensures proper
taxation of cross-border online gaming services.
8. Agents Supplying Goods or
Services on Behalf of Principal
An agent making taxable supplies
on behalf of another taxable person in the cases specified under Schedule I of
the CGST Act is required to obtain compulsory GST registration.
Example
An authorised commission agent
sells goods on behalf of a manufacturer and issues invoices in accordance with
GST provisions.
The agent is required to obtain
GST registration where the law so provides.
9. Other Notified Persons
The Central Government may notify
additional categories of persons who are required to obtain compulsory GST
registration.
Such notifications are issued
from time to time based on administrative requirements and changes in GST law.
Important Relaxations
Although Section 24 provides
compulsory registration in certain situations, the Government has granted
relaxations for specific categories of taxpayers.
These include:
- Inter-State suppliers of services, subject to the
prescribed threshold limit.
- Inter-State suppliers of handicraft goods, subject
to specified conditions.
- Certain Casual Taxable Persons in notified
situations.
These relaxations reduce the
compliance burden for small businesses and service providers.
Practical Examples
Example 1 – Inter-State Supply
of Goods
ABC Traders, registered in Delhi,
supplies machinery worth ₹5 lakh to a customer in Maharashtra.
Since the transaction is an
inter-State supply of taxable goods, GST registration becomes mandatory,
subject to the applicable exemptions and notifications.
Example 2 – Inter-State Supply
of Services
Mr. A provides management
consultancy services to clients located in Delhi, Maharashtra and Karnataka.
His total turnover is ₹12 lakh.
As an inter-State supplier of
services, he may be eligible for threshold-based registration where the
applicable GST provisions permit such relaxation.
E-Commerce Registration under GST
GST law contains special provisions for businesses operating
through E-Commerce Operators (ECOs).
For certain notified services, the responsibility to collect
and pay GST rests with the E-Commerce Operator instead of the actual service
provider.
Specified Services Covered
The following services are covered under the special
provisions:
- Hotel
accommodation services
- Restaurant
services (subject to prescribed conditions)
- Passenger
transportation by radio taxi
- Passenger
transportation by omni bus
- Certain
miscellaneous utility services notified by the Government
In these cases, the E-Commerce Operator is liable to pay GST
and must obtain compulsory registration.
The vendor's registration requirement depends on the
applicable threshold limit and specific provisions of the GST law.
Supply of Goods Through E-Commerce Operators
Where taxable goods are supplied through an E-Commerce
Operator:
- The
E-Commerce Operator is required to obtain GST registration.
- The
supplier of goods is liable to pay GST and comply with the registration
provisions applicable to such supplies.
However, the Government has provided certain relaxations for
eligible micro-level suppliers.
Micro-Level Goods Vendors
To encourage small businesses, GST law provides special
relaxation to eligible micro-level suppliers.
Generally, a micro-level supplier is one whose turnover
remains within the prescribed threshold limits.
Instead of obtaining GST registration immediately, such
suppliers may initially obtain an Enrolment Number.
Conditions
- Supplies
must be made only within one State.
- Inter-State
supply is not permitted.
- Business
should operate from a single location.
- The
enrolment remains valid until GST registration is obtained.
Key Difference Between Section 22 and Section 24
|
Basis |
Section 22 |
Section 24 |
|
Registration |
Threshold-based |
Mandatory |
|
Turnover
Limit |
Applicable |
Not
Applicable |
|
Small
Business Exemption |
Available |
Not Available |
|
Registration
Trigger |
Crossing
threshold turnover |
Covered under
specified compulsory categories |
Key Takeaways
- Section 24 mandates GST registration irrespective
of turnover for specified categories of persons.
- Threshold exemption under Section 22 is not
available to persons covered by compulsory registration provisions.
- Casual Taxable Persons, Non-Resident Taxable
Persons, E-Commerce Operators, TDS deductors and persons liable under
Reverse Charge Mechanism are among the major categories requiring
mandatory registration.
- The Government has granted limited relaxations for
certain inter-State suppliers and small businesses.
- Businesses should carefully evaluate whether they
fall under Section 22 or Section 24 before determining their GST
registration liability.
- A taxable person is one who is registered or required to be registered under GST.
- Section 23 specifies persons who are not required to obtain GST registration.
- Section 24 lists categories requiring compulsory registration irrespective of turnover.
- Section 22 prescribes threshold-based registration limits.
- E-commerce operators have special registration and tax payment provisions.
- Small businesses enjoy threshold exemptions subject to specified conditions.
- Registration becomes effective from different dates depending on whether it is mandatory, threshold-based, or voluntary.
Frequently Asked Questions (FAQs)
Who is a taxable person under GST?
A taxable person is a person who is registered under GST or is legally required to obtain GST registration.
Is GST registration compulsory for every business?
No. Businesses whose turnover is below the applicable threshold and who are not covered by mandatory registration provisions may not need GST registration.
What is the threshold limit for GST registration?
Depending on the nature of supply and the State, the threshold can be ₹10 lakh, ₹20 lakh, or ₹40 lakh.
Who must obtain compulsory GST registration?
Categories such as certain inter-State suppliers, Casual Taxable Persons, Non-Resident Taxable Persons, specified E-Commerce Operators, TDS deductors, and persons liable under reverse charge are covered under compulsory registration.
Can a person obtain GST registration voluntarily?
Yes. A person may apply for voluntary registration even if not legally required, and GST registration becomes effective from the date the registration certificate is granted.

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