sec 24 – Compulsory registration in certain cases

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sec 24 – Compulsory registration in certain cases 2017-04-14T13:35:13+00:00

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  • Ashish BadalaCA Ashish Badala
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    #1453 |

    Notwithstanding anything contained in sub-section (1) of section 22, the following categories of persons shall be required to be registered under this Act,–
    (i) persons making any inter-State taxable supply;
    (ii) casual taxable persons making taxable supply;
    (iii) persons who are required to pay tax under reverse charge;
    (iv) person who are required to pay tax under sub-section (5) of section 9;
    (v) non-resident taxable persons making taxable supply;
    (vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act;
    (vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise;
    (viii) Input Service Distributor, whether or not separately registered under this Act;

    (ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;
    (x) every electronic commerce operator;
    (xi) every person supplying online information and database access or retrieval services from a place outside India to a person in India, other than a registered person; and
    (xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council.

    Priya MadrechaPriya Madrecha
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    24.1 Analysis
    As per Section 22 there are certain conditions subject to fulfilment of which registration must be taken. However, Section 24 enlists 10 types of persons who shall compulsorily obtain the registration even though these persons do not trigger the provisions prescribed under Section 22. Thus Section 24 is an overriding section that makes it mandatory to obtain registration by certain prescribed persons even though the conditions prescribed under section 22 are not met.
    Further, the Government on the recommendations of the council may notify such other person or class of persons who are required to compulsorily obtain the registration.

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