CMA Intermediate · Direct and Indirect Taxation · Charge of Tax including Reverse Charge
Meera Enterprises, an unregistered person, issues a bill to a customer adding 'GST 18%' on a supply of goods. Under Section 32 of the CGST Act, 2017, what is the position?
The collection is not allowed. Section 32(1) states that a person who is not a registered person shall not collect, on any supply, any amount by way of tax under the Act. Customer consent or later deposit does not make it permissible.
- AAllowed if the amount is deposited later with the Government
- BAllowed if the customer agrees in writing
- CAllowed only for amounts above the registration threshold
- DNot allowed, as a person who is not a registered person shall not collect any amount by way of taxCorrect
Explanation
Section 32(1) prohibits a person who is not registered from collecting any amount by way of tax on a supply. Customer consent or later deposit does not change this prohibition, so the other options are incorrect.
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