Dr. Niti Saxena
Associate Professor
GST implementation has undeniably brought about a paradigm move in the Indirect Tax arrangement since its rollout on July 1, 2017. It has also led to a new career path being constructed for GST practitioners. GST Practitioner is a type of financial intermediary or consultant who renders services to other taxpayers through virtual mode. A GST Practitioner must be compulsorily registered on GSTN Portal and must have obtained a certificate by following the necessary documentation related to application procedure before embarking on a journey of doing his or her own practice.
GST Practitioner Eligibility
The Rules 24 and 25 of Return Rules under GST Act provide complete details of rules of eligibility for GST practitioners. These details pertain to the minimum qualification required for appointment, responsibilities and obligations, functions and duties and the conditions that can led to the removal of the GST practitioner from his position.
Criteria of eligibility for a GST Practitioner Qualification:
- Individual, must be a citizen of India with a sound mind.
- Must be not be an individual adjudged as insolvent in the past.
- Must not have been convicted by a competent court for any offense at any time
- That would have resulted into imprisonment for more than two years.
- He must be a post graduate or graduate or must possess an equivalent degree in commerce, law, banking, business administration, business management for any recognized Indian University which is approved by law.
- He must possess an equivalent degree from a foreign university which is recognized by an Indian University.
- He must also possess a clearance through an examination that have been conducted by the government of India through a recommended council.
- He must also possess a degree from an Indian University or a Foreign University which is equivalent to degree examination, which may include one of below examinations-
- Finals of Institute of Chartered Accountants of India
- Finals of Institute of Cost Accountants of India
- Finals of Institute of Company Secretaries of India.
The GST practitioner functions after getting approvals from either the Central Government or State Government to perform one a range of financial activities on behalf of their clients or taxpayers. After obtaining certification to practice, a GST Practitioner can perform the following activities as mentioned on the GSTN online Portal:
- Registration of Client: GST practitioner assists in application formalities for GST registration on behalf of the taxpayer. They also help in carrying out the amendment/cancellation of GST returns.
- Filing Returns: GST practitioner aids in filing GST returns whether monthly, quarterly or annual such as Form GSTR – 3B, Form GSTR – 1 & Form GSTR – 9.
- Claiming Refunds or Payments: GST practitioner assists in filing refund claims or pay taxes on behalf of the registered persons.
- Acts as a Authorised representative: GST practitioner is legally allowed by the legal machinery to appear as an authorised representative before any officer of the GST Department, Appellate authority and the Tribunal.
- Makes deposits for credit in the electronic cash ledger on account of the clients.
- Assists the client with respect to issue of delivery challans, tax invoices etc.
- Helps in generating e-way bill for movement of products/services.
- Maintains detailed list of taxpayers who are a party to client’s account.
FORMS USED FOR GST PRACTITIONER
- FORM GST PCT 01 -Application for Enrolment as GST Practitioner
- FORM GST PCT 02 – Certificate of enrolment as a GST practitioner, issued by an authorised officer.
- FORM GST PCT 03- Notice seeking additional information on application for enrolment or show cause notice
- FORM GST PCT 04- Order of rejection of application for enrolment or disqualification of a GST practitioner found guilty of misconduct.
- FORM GST PCT 05 -Authorisation/ withdrawal of authorisation to engage a GST practitioner by a taxable person.
There are numerous online certification courses offered to facilitate GST professionals hone their GST knowledge and skills in light of the ongoing changes and amendments in the GST Act. GST Practitioner license is deemed to be considered valid until cancelled by the relevant authority. Any person having a GST Practitioner license is legally required to clear examination conducted by the GST Authority and notified by the GST machinery from time to time.