Professional Documents
Culture Documents
Chapter 5 Levy and Collection of GST
Chapter 5 Levy and Collection of GST
• Manufacturer
• Traders
• Restaurant service
• Other service providers
Composition scheme in GST section 10
Purpose or Need ?
Composition scheme under the law is for small
businesses. This is to bring relief to small
businesses so that they need not be burdened with
the compliance provisions under the law. Thus, an
option has been provided where they can opt to
pay a fixed percentage of turnover as fees in lieu of
tax and be relieved from the detailed compliance
of the provisions of law. Composition levy would be
generally opted by persons who are
supplying goods & services or both to the end
consumer.
Optional scheme
The composition scheme is optional and the eligible
person, who has opted the scheme, can pay GST at
a prescribed % (which is very nominal) of his
turnover every quarter, instead pay tax at normal
rate.
Tax payable under composition scheme:
With a view to remove any international ambiguity
and stipulate that the composition taxpayers shall
pay tax as a % of their turnover instead of the tax
payable on the invoice value of the transactions.
This section is applicable to regular taxpayers.
Sub section Provisions
1 Turnover limits and rates
2 Condition
3 Non eligible persons
4 Restrictions
5 Penalties
Important note:
1. A registered person who has opted for
composition levy is not permitted to collect GST.
2. A Composition scheme person cannot avail the
benefits of ITC
3. Under the composition levy, quarterly return is
uploaded in form GSTR-4 on or before 18th
succeeding the quarter.
Conditions pertaining to composition scheme
4. Turnover limit
5. Persons not eligible as per section 10(2)
6. Conditions & restrictions as per rule 10(5) of CGST
Composition scheme in GST
Turnover limit for Composition levy:-
the scheme is available to those whose aggregate turnover of
preceding financial year does not exceed Rs.1.5 CRORE, will
be eligible to opt for payment of tax under it. However, the
aggregate turnover in the preceding financial year shall be
Rs.75lakhs in case of an eligible person registered under
section 25 of CGST act, in any of the foll. States namely
Arunachal Pradesh, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura and Uttarakhand.
regards turnover limit for composition levy
1. Turnover limit for composition levy for CGST and SGST
purchases is Rs.1.5 crore.
2. Himachal Pradesh, Assam and J&K, the turnover limit will be
1.5 crore.
As per provision 1/4/2019, sec. 10(1)
Business type Turnover goods Turnover services
Norm Special Restrict turnover
al category other than restaurant
states states services
Traders 1.5 Cr. 75 lacks Higher
Manufacturer 1.5 Cr. 75 lacks Can provide services
up to 10% of turnover
Restaurant 1.5 Cr. 75 lacks or 5 lacs
service
Other service 50 lacs
provider/
alternative C.S.
e.g. turnover 40 lack. Service allow only 10% of turnover or
5 lacks.
10% of 40 lack. = 4,00,000 or 5,00,000 = 5,00,000
e.g. Mumbai
Delhi aggregate turnover 1.5 cr.
U.P.
Haryana aggregate turnover = include same PAN
turnover
Mumbai
If Mumbai Delhi
Haryana aggregate
turnover 1.5 cr.
Nagaland U.P.
Delhi 75 LACK Haryana
aggregate turnover limit is 75 lack
E.G.
DELHI RAJASTHAN
TRIPURA KERALA
HARYANA ODISSA
HIMACHAL HARYANA
U.P
e.g. previous financial year
Turnover other than restaurant services other
services
Mumbai 60 lack 10% of T/O or 6 lack 5 lack 6 L
Kanpur 40 lack 5 lack 4 lack 5 lack 5 L
10% OF TURNOVER
OR
5 LACK
WHICHEVER IS HIGHER
Determination of Aggregate Turnover (same
aggregate turnover)
Aggregate turnover of the taxpayer in the
immediately preceding financial year is taken. This
aggregate turnover means the aggregate value of
the foll.
a) All taxable supplies of goods and services
b) The exempted supplies
c) Export of goods/services
d) Inter-state supplies
In relation to Aggregate Turnover, there are 3
important points:- same chapter 3
1. After 1.2.19, the “value of supply” does not
include value of supply of exempt services by way
of extending deposits, loans or advances where
consideration is represented by way of interest or
discount. Therefore, the foll. Inference may be
drawn as regards inclusion of exempted supplies in
aggregate turnover:
a) Any exempted supply of goods to be included
b) As regards exempt supply of services
• Interest on loan or deposit (not included)
• Other services (included)
2. Same PAN:- for aggregate turnover, the supplies
shall be determined for all units/ branches of the
registered person having the same PAN and the
aggregate turnover is computed on all India basis.
3. Exclusions:- the aggregate turnover does not
include the foll.
a. Value of inward supplies on which tax is payable
under reverse charge mechanism.
b. The amount of GST (i.e. IGST, CGST, SGST/UTGST)
Non –Eligible supplies for C.S.
1. Non-GST goods like alcohol and other notified
items.
2. Inter state supply, import of goods or services
3. CTP & NRTP
4. ECO
5. Engaged in manufacturer of ice-cream, pan masala
and Tabaco products.
6. Supplier of services (other than supplies of food
articles) of value not exceeding 10% of T/O in
state/UT in the preceding financial year or
5,00,000 whichever is higher.
C.S. dealers to be allowed to supply services (other than restaurant
and catering services) for up to a value not exceeding 10% of T/O in
the preceding Financial year or 5 lakh whichever is higher.
• 10% of T/O
• 5 lakh
Whichever is higher
e.g. last year T/O 1.2 crore
Current year (intra-state) T/O 50,00,000
Restaurant services 80,00,000
Other services 15,00,000
Total T/O 1,45,00,000
But other services 10% of 145 lakh is 14,50,000
5,00,000
Whichever is higher 14,50,000 specified limit
As the value of expected supply of services is 15 lakh is more than the
specified amount 14,50,000, so this person can’t opt for C.S.
Conditions & Restrictions:- No C.S. will be granted if held in stock
includes inter-state and
Imported purchases
GST liability ?
Ill 5.13 examine the foll. Cases, keeping in view the
latest provisions of GST law relating composition
scheme.
a. Mr. X is a manufacturer of ice-cream and pan
masala in state of Maharashtra. His turnover for
the year does not exceed 1 crore. He wants to
register for composition scheme. Is he eligible for
it.
b. Mr. Y of Gujarat opts for composition scheme
during a financial year 2021-22. but on October
10,2020 his turnover crosses 1.5 crore. Can he
continue under composition scheme?
(c) Z limited has 2 branches-branch L in Delhi (having
same PAN). Branch k opts for normal scheme. Z ltd.
Wants to opt for composition scheme in case of
branch L. Is it possible?
Ill 5.14 Mr. Sanjay is a consultant and provides
consultancy services in Mumbai. Besides, he has a
ready-made garment showroom in Mumbai
registered in same PAN. The turnover of the
showroom is 80 lakh and receipt of consultancy unit
is 14 lakh in the preceding financial year 2021-22.
you are required to answer the foll.
a. What is the eligibility turnover limit for
composition scheme w.e.f 1.4.2020?
b) In financial year 2021-22. Mr. Sanjay decides to
discontinue providing consultancy. He wants to opt
composition scheme w.e.f. 1.4.2021. Is he eligible
for that?
c) How your answer will change, if in (b) above, Mr.
Sanjay decides to continue consultancy also? The
expected consultancy receipt in FY 2021-22 is
9 lakh.
The tax rates were 9% CGST, 9% SGST & IGST 18%. Calculate tax
liability . If no ITC.
Q .10 KMB LTD. Manufactures 2,000 Nos. Of a product having
assessable value @800 per piece. KMB ltd. Sold 500 pieces in
domestic tariff area and balance 1,500 pieces were exported.
If the rate of SGST & CGST payable is 14% each, calculate GST
on outward supplies of the foll:
a. Supply of 500 pieces in DTA
b. Export of 1,500 pieces.
Q.11 kamal associates, a LLP had opted for payment
of tax under composition scheme during 2020-21 its
turnover during 2020-21 was as follows:
PARTICULARS Value of supply Rate of GST
Supply of manufactured goods 5,00,000 12%
Supply of traded goods 2,00,000 18%
Supply of manufactured goods 3,00,000 Nil
Supply of traded goods 1,00,000 Nil