QUESTION

Assessee having interest income Rs. 21,75,000/-and Rental income from commercial property Rs. 1,50,000/- for the F Y 2017-18 & F Y 2018-19 & F Y 2019-20. As per gross receipt criteria he liable to register for GSTIN but till date not register. Now he want to register and pay previous years ( F Y 17-18 to 19-20) liabilities. Whether it is possible to get registration in current year and discharge F Y 17-18 , 18-19 and 19-20 liability through GSTR-3B .Because portal will not allow to filling of GSTR-3B for previous years. Request you to guid regarding this matter ( Note : GST not collected on rent from tenant)

ANSWER

FACTS OF THE CASE :
Assessee has earned the exempt income of interest amounting to 21,75,000 and taxable rental income of 1,50,000. Total Aggerate turn over u/s 2(6) CGST amounts to 23,25,000.

LAW APPLICABLE :
1. Sub section (1) of section 22 CGST dictates that
"Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a financial year exceeds twenty lakh rupees."

2. As per clause (xi) of section 122(1) ;
"Where a taxable person who
(xi) is liable to be registered under this Act but fails to obtain registration
shall be liable to pay a penalty of ten thousand rupees or an amount equivalent to the tax evaded, whichever is higher."

3. Sub section (5) of section 73 empowers the tax payer as follows;
"The person chargeable with tax may, before service of notice under sub-section (1) or, as the case may be, the statement under sub-section (3), pay the amount of tax along with interest payable thereon under section 50 on the basis of his own ascertainment of such tax or the tax as ascertained by the proper officer and inform the proper officer in writing of such payment."

INTERPRETATION :
Aggregate turnover u/s 2(6) CGST being 23,25,000 exceeds the limit of 20,00,000 specified u/s 22(1) and therefore registration is needed from where taxable supply is being made. In case of violation penalty is laid u/s 122(1) CGST.
For any payment of tax and interest, tax payer can opt for voluntary payment u/s 73(5) CGST. This payment is to be made through DRC-03 challan.

CONCLUSION :
Registration should be obtained and payment for previous dues can be made through DRC-03 challan on the GST portal. This payment is to be made u/s 73(5). (Reply dt. 07/08/2021)