COMPOSITION LEVY IN GST
Composition Levy Scheme in GST
1. Composition Levy Scheme under GST law.
Composition levy scheme is a very simple, hassle free compliance scheme for small taxpayers. It is a voluntary and optional scheme.Benefits of composition scheme
• Easy compliance as no elaborate accounts and records to be maintained
• Simple Quarterly Return
• Quarterly payment of tax
Under this scheme, a registered taxable person, whose aggregate turnover does not exceed Rs. One crores (Rs. 75 lakh for special category States except J & K and Uttrakhand) in the financial year 2016-17 may opt for this scheme. A taxpayer registered under composition levy scheme has to pay an amount equal to certain fixed percentage of his annual turnover as tax to the government. This tax has to be paid on quarterly basis. Such taxpayer does not have to maintain elaborate accounts and records and instead of two monthly statements and a return (which a normal taxpayer has to file under GST), he has to file a simple quarterly return in FORM GSTR-04. The time Limit for GSTR-4 for the quarter July to September, 2017 has been extended to 24th December, 2017 vide Notification No. 59/2017- CGST.
However, upon opting for this scheme, he cannot issue taxable invoice under GST law and can neither collect GST from his customers nor can claim Input Tax credit on his purchases.
2. Method to calculate Aggregate Turnover
Aggregate turnover is computed on all India basis for a person having same Permanent Account Number (PAN). It is sum of value of all outward supplies falling in the following four categories:
• Taxable supplies
• Exempt supplies
• Exports of goods or services or both
• Inter-state supplies.
but excludes
• the value of inward supplies on which tax is payable by a person on reverse charge basis &
• taxes including cess paid under GST law.
• CBEC vide Order No. 01/2017-Central Tax dated 13th October, 2017 has clarified that a person supplying any exempt services including services by way of extending deposits, loans or advances in so far as the consideration is represented by way of interest or discount, shall not be ineligible for the composition scheme. In computing his aggregate turnover in order to determine his eligibility for composition scheme, value of supply of the exempt services including services by way of extending deposits, loans or advances shall not be taken into account.
3. Registration and intimation under the scheme.
Registration under GST law is compulsory for opting for the Composition scheme. A person who is registered under existing laws and has obtained a provisional registration under GST has to file an electronic intimation in the FORM GST CMP-01 on the common portal (www. gstn.gov.in). He can file this intimation either before the appointed day (i.e. day on which GST came into force 01/07/2017) or within 30 days (or as extended by the commissioner) of the appointed day (01/07/2017), (which was later extended up to 16/08/2017). If he intimates after the appointed day, he shall not collect GST and issue bill of supply from the appointed day. Further such person has to furnish a statement containing details of stock including the inward supply of goods received from unregistered persons, held by him on the day preceding the date from which he opts for the scheme, in FORM GST CMP-03, within 60 days (or as extended by the commissioner) of the date from which the option for composition levy is exercised. As per Order No. 11/2017-GST dated 21.12.2017, the period for intimation of details of stock in FORM GST CMP-03 is extended till 31stJanuary, 2018
A person who is not registered under existing law but applies for fresh registration under Rule 8 of the CGST Rules, 2017 may opt for the scheme by providing necessary information under part B of FORM GST REG-01.
Any registered person who wants to opt for composition levy has to file an electronic intimation in the FORM GST CMP-02 prior to the commencement of financial year for which the option to pay tax under composition levy is exercised and also has to a furnish a statement in FORM GST ITC-03 in accordance with the sub rule (4) of Rule 44 of CGST Rules, 2017, within 90 days from the commencement of the relevant financial year.
A person having a single PAN and registered in more than one State under GST can opt for the scheme, provided he meets all the conditions of the scheme, only if all such registered persons opt for the Composition scheme. A registered person cannot choose to opt for the Composition scheme in one state and not in other states. Further, an intimation for withdrawal from the scheme; or denial of the scheme with respect to any one registered person under the same PAN will be applicable for all such registered persons.
4. Persons who are not eligible for the scheme.
Barring few exceptions, all registered taxable persons
whose aggregate turnover has not exceeded Rs. One crore
(Rs. 75 lakhs for special category states except J & K and
Uttrakhand) in the financial year 2016-17 are eligible to opt
for this scheme. List of taxable persons who are not eligible
for the scheme is as below:
i. A casual taxable person i.e. a person who occasionally undertakes supplies in a State or Union Territory where he has no fixed place of business.
ii. A non-resident Taxable person i.e. a person who occasionally
undertakes supplies but has no fixed place of business or residence in India.
iii. A supplier of services except a person engaged in supply of restaurant service.
iv. A person engaged in providing inter-state supply of
goods.
v. A person engaged in supply of non-taxable goods i.e.
goods which are not taxable under GST law
vi. A person engaged in supply of goods through an
Electronic Commerce Operator (ECO) who is required
to collect Tax at source under section 52 of
the CGST Act.
vii. The goods held in stock by him on the appointed day
have not been purchased in the course of inter-State trade
or commerce or imported from a place outside India or
received from his branch situated outside the State or
from his agent or principaloutside the State where registration
under the Composition Scheme has been taken.
viii. the goods held in stock by him have not
been purchased from an unregistered
supplier and where purchased, he pays the tax under the
reverse charge mechanism.
ix. A person engaged in manufacturing of goods notified
under sec 10 (2) (e) of the CGST Act either
in the year 2016-17 or later. Following goods have
been notified for which composition scheme is not
available.
1-Ice cream and other edible ice, whether or not
containing cocoa
2-Pan masala
3-tobacco and manufactured tabacoo substitutes
5. Rate of Tax under the scheme
There are three rates prescribed for three different categories
of suppliers.
• An eligible Manufacturer has to pay 1% (0.5%
CGST and 0.5% SGST/UTGST) of turnover in
a state or Union Territory, as the case may be.
• An eligible person engaged in making supplies
mentioned in clause (b) of para 6 of Schedule II
of the CGST Act (supplier of restaurant Service)
has to pay 5% (2.5% CGST and 2.5% SGST/
UTGST) of turnover in a state or Union Territory,
as the case may be.
• An eligible person engaged in any other supply
has to pay 1% (0.5% CGST and 0.5% SGST/
UTGST) of turnover of taxable supplies of goods
in a state or Union Territory, as the case may be.
6. Bill of Supply
A taxable person opting for the scheme has to issue bill of
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supply as he is not eligible to issue taxable invoice under
GST. He has to mention the words “composition taxable
person, not eligible to collect tax on supplies” at the top of
every bill of supply issued by him.
7. Conditions & Restrictions under the scheme
A person opting for the scheme has to adhere to the
following conditions
• Issue bill of supply in the prescribed manner
• Pay all taxes on purchases including taxes to be
paid on reverse charge basis
• Don’t claim input tax credit of purchases
• Mention the words “composition taxable person”
on every notice board or signboard displayed at the
prominent place at his every place of business.
• Where ever a person, registered under any of the
existing laws, and who has been given provisional
registration, gives an intimation for the composition
scheme, he shall not be allowed the composition
scheme in case the goods held in stock by him
on the appointed day have been purchased in
the course of inter-State trade or commerce or
imported from a place outside India or received
from his branch situated outside the State or from
his agent or principal outside the State.
• Withdraw from the scheme if not eligible
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