A company that is engaged in the supply of goods in the states which does not belong to the special category state is expected to get registration under GST Act when their turnover earned during a financial year exceeds INR 40 Lakhs. And in the case of the special category states the threshold limit shall be INR 20 Lakhs.
In the case of the company engaged in the supply of services, this threshold limit applicable shall be INR 20 Lakhs in case of states other than special category states and INR 10 Lakhs in case of special category states. The states that belong to the special category states include:
– Arunachal Pradesh
– Assam
– Jammu & Kashmir
– Manipur
– Meghalaya
– Mizoram
– Nagaland
– Sikkim
– Tripura
– Himachal Pradesh
– Uttarakhand.
Board Resolution passed by Company
While the registration is taken under GST for a company, the Board of Directors of the company may pass a Board Resolution so as to authorize a person for the following:
- The person shall be authorized using a board resolution and passing of the same as the Authorized Signatory of the company. He shall sign all the documents, files, or such other forms which are filed on the GST portal for the purpose of compliance with the GST Act and its provisions. This will include both electronic and physical communications, applications, representations, deletions, modifications or alterations to be made.
- The person so authorized by the company and its Board of Directors by passing a resolution shall represent the company in any actions pertaining to the GST Act and also include the presenting of documents or records connected thereto. The person so authorized shall also represent the company with respect to any addition, alteration, deletion or corrections to any documents, papers, or such other materials pertaining to the registration with GST.
- The person or the director who has been authorized shall also sign the forms, documents, letters, or any other correspondence on behalf of the company with respect to the GST Act and its provisions. He shall also represent the company in case of any assessments, appeals, or such other cases before the country’s GST Authority as and when required by the officials.
Passing of the Board Resolution
A Board Resolution is normally passed to certify and document a particular decision that is taken by the Board of Directors of the company. For this to stand valid after passing, the following shall be satisfied:
– There must be a quorum or the minimum number of directors present or who attended the meeting in which the resolution was passed
– The resolution passed by the company should be on the letterhead of the company, making the same valid
– The company should file and document the resolution passed in the meeting within 30 days from the date of holding of such meeting
– The company shall also appoint a chairperson to the meeting
– It shall be voted for by the required number of directors such that it is made valid and constituted to be passed and certified.
Format of Board Resolution (Standard Format)
Excerpts of the minutes of the meeting of the Board of Directors of M/s. ____________ (name of the company) held on _________(Date), at __________ (Time) at the Registered Office of the Company.
RESOLVED THAT the Board hereby appoint Mr. ____________ (name of the director), as the Authorized Signatory for signing all the documents, files, or such other forms which are filed on the GST portal for the purpose of compliance with the GST Act and its provisions. This will include both electronic and physical communications, applications, representations, deletions, modifications or alterations to be made.
FURTHER RESOLVED THAT Mr.___________ (name of the director), has been authorized by the company and the Board to represent the company in any actions pertaining to the GST Act and also include the presenting of documents or records connected thereto. He shall also represent the company with respect to any addition, alteration, deletion or corrections to any documents, papers, or such other materials pertaining to the registration with the GST.
FURTHER RESOLVED THAT Mr. _________ (name of the director), has been authorized to sign the forms, documents, letters, or any other correspondence on behalf of the company with respect to the GST Act and its provisions. He shall also represent the company in case of any assessments, appeals, or such other cases before the country’s GST Authority as and when required by the officials.
CERTIFIED TO BE TRUE
FOR _______________ (name of the company)
Sd/-
DIRECTOR
DIN: