goods and service tax

Understanding GST Practitioners: Key Eligibility and Functions Explained

Understanding GST Practitioners: Eligibility and Functions

Section 48 of the CGST Act, 2017 defines the meaning, conditions, and eligibility criteria for a Goods and Services Tax Practitioner (GSTP). A GSTP is a professional designated by the Central and State Governments to perform various tax-related functions on behalf of taxable individuals. A registered person has the option to authorize an approved GST practitioner to submit information to the government on their behalf.

Eligibility Criteria for GST Practitioners

To enroll as a GST Practitioner, the following individuals are eligible:

  1. A citizen of India
  2. A person of sound mind
  3. A person who is not adjudged insolvent
  4. A person who has not been convicted by a competent court for an offense with imprisonment of two years or more

In addition to the above, the applicant must meet one of the following conditions:

  • Condition (a): The individual is a retired officer from the Commercial Tax Department of any State Government or the CBEC, having worked for at least two years in a position not lower than that of a Group-B gazetted officer.

  • Condition (b): The individual has been registered as a sales tax practitioner or tax return preparer under existing law for a minimum of five years.

  • Condition (c): The individual has completed one of the following educational requirements:

    1. A graduate or postgraduate degree in Commerce, Law, Banking (including Higher Auditing), Business Administration, or Business Management from any Indian University established by law.
    2. A degree from a Foreign University recognized by any Indian University.
    3. Any examination notified by the Government based on the Council's recommendation for this purpose.
    4. Any other degree from an Indian or recognized Foreign University.

  • Condition (d): The applicant has passed any of the following professional exams:

    1. Final examination conducted by the Institute of Chartered Accountants of India
    2. Final examination conducted by the Institute of Cost Accountants of India
    3. Final examination conducted by the Institute of Company Secretaries of India

Functions of a GST Practitioner

A GST practitioner is authorized to perform the following activities on behalf of a registered person:

  • Furnish details of outward and inward supplies
  • Submit monthly, quarterly, annual, or final returns
  • Make deposits for credit into the electronic cash ledger
  • File claims for refunds
  • Apply for amendments or cancellations of registration

Important Formats for GST Practitioners

Below are the key formats associated with the registration and functions of a GST Practitioner:

  1. GST PCT-1: Application for Enrolment as a Goods and Services Tax Practitioner
  2. GST PCT-2: Enrolment Certificate for Goods and Services Tax Practitioner
  3. GST PCT-3: Show Cause Notice for Disqualification
  4. GST PCT-4: Order of Rejection of Application for Enrolment or Disqualification to Function as GST Practitioner
  5. GST PCT-5: Authorization/Withdrawal of Authorization of Goods and Services Tax Practitioner

This overview provides clarity on the role, eligibility, and responsibilities of GST practitioners, simplifying the process for both practitioners and businesses seeking assistance in navigating GST regulations.