Section 23
Section 23 specifies who is not required to obtain GST registration, even if they are carrying on business.
Who is Not Liable for GST Registration?
1. Persons Exclusively Supplying Exempt Goods or Services
If a person deals only in goods or services that are wholly exempt from GST, GST registration is not required.
Example:
A person provides only healthcare services that are exempt from GST. He is not required to take GST registration.
2. Persons Exclusively Engaged in Activities Not Treated as Supply
If a person's activities are neither considered a supply of goods nor a supply of services under GST, registration is not required.
Example:
Services provided by an employee to an employer in the course of employment are not treated as a supply. Therefore, the employee is not required to obtain GST registration.
3. Other Persons Notified by the Government
The Government may notify certain categories of persons who are exempt from GST registration requirements.
Example
Mr. A operates a business selling only exempt agricultural produce.
- Annual Turnover: ₹50 Lakhs
Even though the turnover exceeds the normal registration threshold, GST registration is not required because all supplies are exempt.
Section 22 vs Section 23
|
Particulars |
Section 22 |
Section 23 |
|
Deals with |
Persons liable for registration |
Persons not liable for registration |
|
Turnover threshold applicable |
Yes |
Not relevant |
|
Registration required |
Yes, if threshold exceeded |
No |
Important Note
Even if turnover exceeds ₹20 Lakhs or ₹40 Lakhs, a person is not required to register under GST if they are exclusively engaged in exempt supplies or non-supply activities covered under Section 23.
In One Line
Section 23 exempts certain persons from GST registration, mainly those dealing exclusively in exempt supplies or activities that are not treated as supply under GST.
The content provided in this article is intended solely for educational and informational purposes and should not be construed as professional accounting, taxation, legal, or financial advice. Readers are advised to consult a qualified professional before making any financial, tax, legal, or business decisions based on the information contained herein.Disclaimer