Examine whether the liability to register compulsorily under section 24 of the CGST Act, 2017 arises in each of the independent cases mentioned…

CA Intermediate · Taxation · MTP · May 2025
Examine whether the liability to register compulsorily under section 24 of the CGST Act, 2017 arises in each of the independent cases mentioned below: (i) Sunena, a supplier in Maharashtra, is exclusively engaged in supply of potatoes produced out of cultivation of her own land, within Maharashtra and also outside Maharashtra. (ii) Fenil is working as an agent, he is supplying taxable goods as an agent of Anthony (who is registered taxable person) and its aggregate turnover does not exceed the applicable threshold limit during the financial year. Invoices to customers are issued in name of Fenil.

Suggested Answer and Working Notes:

(i) Sunena is exclusively engaged in cultivation and supply of potatoes. Thus, she is not liable to registration irrespective of the fact that she is engaged in making inter-State supply of goods. Further, Sunena will not be liable to registration, in the given case, even if her turnover exceeds the threshold limit. (ii) Section 24 of the CGST Act, 2017 provides that persons who make taxable supply of goods and/or services on behalf of other taxable persons whether as an agent or otherwise are required to obtain registration compulsorily under GST laws irrespective of the quantum of aggregate turnover. Therefore, Fenil will be mandatorily required to obtain registration.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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