Sponsored
    Follow Us:
Sponsored

There are high provisions under GST for returns, tax payments, and details to be submitted by registered persons which cannot be complied with by small suppliers and manufacturers.  A composition scheme under GST has been provided as an option for those small suppliers and manufacturers to pay amount (not tax), in lieu of tax payable in normal levy. This scheme provide for less number of returns, less number of compliance and less maintenance of books of accounts etc. A registered person can opt for this option (Composition Scheme under GST) subject to certain conditions specified in the scheme.

Aggregate Turnover1. Eligible Persons for Composition Scheme under GST: Person must be a registered person, whose aggregate turnover in preceding financial year did not exceed seventy five lakh (75 lakhs) rupees. For special category states except Uttarakhand, this turnover limit has been reduced to fifty lakh (50 lakhs) rupees. If a registered person, having the same PAN, has more than one registration, whether in same state or in two different states as Head office and branch, then both will have to opt for composition scheme. A composition supplier is allowed to make purchases from outside state.

2. Non-eligibility for GST Composition Scheme: A person shall not be eligible to opt for this scheme if-

a) Engaged in supply of services other than supplies of food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption) i.e. Restaurant services;

b) Engaged in making any supply of goods which are not leviable to tax under this act;

c) Engaged in making any inter-state outward supplies of goods;

d) Engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source u/s 52; or

e) Manufacturer of notified goods u/s 10(2)(e) [CGST] i.e.-

♦ Ice Cream and other edible ice whether or not containing cocoa,

♦ Pan Masala, or

♦ Tobacco and manufactured tobacco substitutes.

3. Tax Rate Structure under GST Composition Schemes: Three rates of tax have been prescribed for composition scheme which are as given below- 

Sr. No. Category of registered person Rate of Tax

 (SGST+CGST)

1. Manufacturers, other than notified manufacturers 2%
2. Suppliers- Restaurant Services [Schedule II, Para 6 Clause (b)] 5%
3. Others 1%

Dos and Donts4. Restrictions and Conditions: The Person should comply with following conditions before exercising the option of composition scheme-

a) Not being a casual taxable person or a-non- resident taxable person;

b) Goods held in stock by him have not been purchased from an unregistered supplier and where purchased, he pays the tax u/s 9(4) i.e. under reverse charge mechanism; and

c) Not engaged in manufacturing of notified goods.

5. Timing for intimation of exercising option of GST Composition Scheme: A person, who wants to exercise option of this scheme, is required to intimate electronically through filing specified form in specified time limit. Person need not to file fresh intimation every year. Any intimation in respect of any place of business in any state or UT shall be deemed to be an intimation in respect of all other places of business registered on the same PAN.

Sr. No. Timing for exercising option of this scheme Time Limit Intimation Form
1 Migration Prior to appointed day, but not later than 30 days or further extended period. GST CMP-01
2 Opt for Composition in future Prior to the commencement of the financial year GST CMP-02
3 New Registration Date of application for new registration Part B of GST REG-01

 6. Effective Date for Composition Levy under GST: The option to pay thx under this scheme shall be effective from the date based upon the timing of exercising the option of this scheme.

Sr. No. Timing for exercising option of this scheme Effective Date
1 Migration Appointed day
2 Opt for Composition in future Beginning of Financial Year
3 New Registration Date on which the person becomes liable to registration where the application for registration submitted within 30 days, if not, then date of grant of registration.

7. Person migrating to GST – A person, who has been granted registration on a provisional basis is required to complied with the following conditions-

a) File intimation electronically for opting for composition scheme prior to appointed day not later than 30 days or any further extended period. [GST-CMP-01]

b) Furnish 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 to pay tax under composition scheme within 60 days from the date on which the option for composition levy is exercised or any further extended period. [GST-CMP-03]

c) Migrating person cannot opt for this scheme if, goods held in stock by him on the appointed day have been-

♦ Purchased in the course of inter-state trade or commerce;

♦ Imported from a place outside India;

♦ Received from his branch situated outside the state; or

♦ Received from his agent or principal outside the state.

8. Withdrawal from Composition scheme: This option shall remain valid so long as he satisfies all the conditions. The option shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds specified limit or occurrence of event of ineligibility. After ineligibility, person shall file an intimation for withdrawal within 7 days. If registered person intends to withdraw from this scheme, then he has to file intimation before the date of such withdrawal. Person shall also issue tax invoices instead of Bill of Supply for every taxable supply made thereafter. If proper office has reason to believe that registered person was not eligible to opt for this scheme then he can also issue order of withdrawal after giving opportunity of being heard and such person will be liable to pay the differential amount of tax along with penalty.

9. Returns under Composition Scheme: Quarterly return [GSTR-4] is required to be filed by composition supplier till 18th of the month succeeding quarter. Composition supplier shall also be required to file annual return in Form GSTR-9A.

Composition Scheme under GST: Key Features, Eligibility & Benefits

Sponsored

Author Bio

I am Shilvi Khandelwal. I am a practising chartered accountant by profession engaged in Internal Control, Tax Planning, GST Implementation and Business Consultancy for various hotels like Radisson, Marriott, Royal Orchid etc & automobile dealers like BMW, VW and Hyundai etc having more than 11 y View Full Profile

My Published Posts

Business Succession Planning & Management END OF THE LIFE PLANNING : Before & After Reverse Charge Mechanism under GST: A Synopsis Latest Changes under GST Law w.e.f. 01/02/2019 GST Annual Return: An Overview View More Published Posts

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

44 Comments

  1. ABDUL KADER says:

    While auditing ‘X’ s financials in F.Y. 2020-21, reveals that specified person applicable to be registered under GST from F.Y. 2018-19 itself. Person is also eligible for composition scheme option . But not yet taken registration till now. So my question is can X take registration under GST as composition scheme and pay tax amount as per composition scheme computation for the previous years now?

  2. s sivakumar says:

    Tobacco and manufactured tobacco substitutes means cigarates also one of substitues of tobacco so not eligible of composition ple carify madam

  3. Varkey says:

    I am running a small business importing small quantities of gate motors from italy. My turnover is just 30 Lakhs. Can I opt for composition scheme?

  4. NARSING says:

    hi sir,
    am running a FOOT WEAR SHOP,
    I WILL BUY A CHAPPALS FROM DEALERS,
    AM A RETAILER,
    AM I APPLICABLE FOR COMPOSITION SCHEME.
    PLS REPLY ME.

    THANKING YOU

  5. CHIRADIP DAS says:

    Hi, one of my purchasers comes from neighbouring state and buys goods from me and takes it with him at his own expense but makes payment by cheque of his state. am i breaching Composite scheme rules

  6. Varun Kumar says:

    Dear Madam,
    If someone’s Turnover around 15 Lakh per year, and other dealer told him to take registration immediately otherwise they stop supply.
    Have there any special Tax scheme in GST ?
    Please reply.

  7. Ajay says:

    Q1. If last year annual turnover was 60 lakh. And having a stock of 20 lakh on 30th june can a person opt for composite scheme in gst.
    Q2.say a person A is having 2 different shops in a single state and he is doing business of same kind in both the shops but having different name (i.e. firm name) in both the shop. Will that person had to take 2 different gst no. In single state.(he cant opt for 2nd business place as these are 2 different firms with same prop. ,and same business but firm name is different and place is also different but ina single state.)

  8. Piyush Garg says:

    if a dealer is engaged in both manufacturing of goods as well as resale of goods, then how composition tax will be calculated?
    i.e. either (1% on resale turnover and 2% on manufacturing turnover)

    or 2% on total turnover

  9. Piyush Garg says:

    thank you madam for such useful information.
    i have two queries:
    1) is the restriction on tobacco manufacturers is also applicable on tobacco sellers? i.e. can tobacco sellers can opt for composition scheme

    2) if a composition dealer sells both exempted and taxable goods, then will composition tax be paid on aggregate turnover or only turnover of taxable commodities.

  10. Suresh Nambiar says:

    Madam,
    I’m a SSI manufacturer having a turnover of 24 lakhs in the financial year ended March 31. However, I have raw materials worth almost 50 lakhs in stock as on June 30. No finished goods and cenvat or Mvat credit in balance on June 30. Do I have to pay tax on the transfer of the stock under composition scheme ?

  11. Ramesh goyal says:

    I am a retailer dealing in gift items.my purchase is interstate and out state both.i want to opt for co.position GST scheme.what kind of invoice I should issue to my customers.retail invoice or any other.i can’t charge tax.but I have to issue I voice

  12. bijay Kumar says:

    Hello Madam,
    Just read your article about the composition scheme. I have a couple of queries.

    1. It is written that if a Migrating person has stock purchased in the course of Inter State, than he cannot opt for Composition. Since, the Textile Persons are not Migrating (They will be taking a new Registrtion) Can they take the new license in Composition Scheme?

    2. Again on textile merchants, all the stock they have on the appointed day is purchased from Unregistered dealer. So, if they want to go for composition scheme, do they first have to pay tax on the basis of reverse charge on there stock and then they can opt for composition, or is there any specific expemtions to new registration made on the appointed date?

    3. For new registration under Composition Scheme it is necessary to declear stock held on 30/06/2017? if yes, in which FORMAT.

    Thanks

  13. Amul says:

    I am selling stationery items,gift items, garments , hosiery items, school uniforms under one roof and under same PAN, can I opt for composition scheme

  14. Arpit Khandelwal says:

    in case of book seller and stationery shop.- on Books 0 % Gst but on other things like pens copy etc gst is charge 12%. can we opt Compostion scheme under this case as u mention in her article that person Engaged in making any supply of goods which are not leviable to tax ( Books in my case) under this act;in not eleigible

  15. j. akram says:

    hello mam .
    just a small doubt about composition scheme i am doing a buisness in tamil nadu . can i purchase the materials from andhra pradesh and kerala what is the turn over limit for composition scheme. but i sell the materials only in tamil nadu. can i adopt the composition scheme. now my turn over is just rs. 20 lakhs per financial year. please give a detailed reply to mail

  16. Ashwani Agarwal says:

    Hello Madam,
    Just read your article about the composition scheme. It was very insightful. I have a couple of queries.

    1. It is written that if a Migrating person has stock purchased in the course of Inter State, than he cannot opt for Composition. Since, the Textile Persons are not Migrating (They will be taking a new Registrtion) Can they take the new license in Composition Scheme?

    2. Again on textile merchants, all the stock they have on the appointed day is purchased from Unregistered dealer. So, if they want to go for composition scheme, do they first have to pay tax on the basis of reverse charge on there stock and then they can opt for composition, or is there any specific expemtions to new registration made on the appointed date?

    3. If, any composition dealer purchases goods from unregistered dealers, he will have to pay reverse charge. In that will he have to issue tax invoice or not? If yes, than what other formalities does he have to fulfill apart from issuing TAX INVOICE?

    Thanks

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Sponsored
Search Post by Date
November 2024
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930