In this blog, we look at a query on whether separate GST registrations are mandated by law in case of units within the same State having distinguishable operations.
We have two units in the same State – one unit is engaged in sale of packaged software and another unit that is engaged in development of customised software. Are we required to obtain two registrations?
No. A single registration would be required per State, even if the activities undertaken by the two units are different from each other. Where the entity wishes to voluntarily obtain separate registrations for the two units, it may do so, provided that it can be substantiated that the nature of business conducted in the two units can be distinguishable, and each unit can be classified as a separate “business vertical” as defined under the GST law.
- Separate registrations are mandatory for the two units (although located in the same State) where one of the units is located in a SEZ/ is a SEZ developer.
- “Business Vertical” means a distinguishable component of an enterprise that is engaged in the supply of individual goods or services or a group of related goods or services which is subject to risks and returns that are different from those of the other business verticals. For the purposes of this clause, factors that should be considered in determining whether goods or services are related include:
- the nature of the goods or services;
- the nature of the production processes;
- the type or class of customers for the goods or services;
- the methods used to distribute the goods or supply of services; and
- the nature of regulatory environment (wherever applicable), including banking, insurance, or public utilities;
Legislative reference: Section 25 read with Section 2(18) of the CGST Act, 2017.
Authors: Meghana Belawadi and NR Badrinath
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