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Composition Scheme now available for Service Providers also
Composition scheme till now is available to all the dealer except those dealing in service sector or those whose turnover exceeds the prescribed limit. Besides this , certain businesses dealing in inter state transactions are also kept out of composition scheme net.
Let us discuss about applicability of composition scheme to the service provider.
Gvernment has introduced an amended scheme of tax for the suppliers of goods or services who are not covered under the existing composition scheme u/s 10 of the CGST Act, wherein the GST shall be discharged at a flat rate of 6% and annual returns need to be filed with monthly payment of taxes.
Relevant is Notification No.02/2019 – Central Tax (Rate) dated 07.03.2019.
Following Persons can opt for this new amended scheme:
- Supplying goods or services or both,
- Having an aggregate turnover of up to Rs. 50 lakh in the preceding financial year (FY). For computing aggregate turnover for determining eligibility to pay tax @6%, value of supply of exempt service 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 taken into account., and
- Not eligible to pay tax under section 10(1) of the Act i.e., all the below persons whose value of supply of services does not exceed 10% of turnover or 5 lakhs, whichever is higher
- A manufacturer,
- Trader, and a
- The person supplying food as part of service (entry 6(b) of Schedule II to the Act, example: restaurant, canteen, etc,)
For calculating the above turnover, the exempt 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 taken into account.. it’s available for a supply of goods or services or both. Rate of tax is 6% i.e., 3% CGST & 3% SGST.
Now, the question arises as to Turnover from the date on which liability to take registration arises under the Act.
Example, in Nagpur – Maharsshtra, if aggregate turnover exceeds Rs. 20 lakh liability to registration is attracted. Hence liability @ 6% will arise from Rs. 20,00,001 up to the turnover in the FY. Intimation to be filed in Form GST CMP-02 by selecting the category as “Any other supplier eligible for composition levy. Most important, the time limit for opting:
- A) For anexisting taxpayer, 30thApr’19 in terms notification 9/2019 dated 29.03.2019 and 2/2019 ibid, read with C97/16/2019-GST dated 05.04.2019.F
- B) For a new registration: In case of a new taxpayer, in Form GST REG-01 to intimate the option of payment of central tax @6%.E
Some of the key features of the scheme is as under :
- Not engaged in making supplies not leviable to GST example: petrol, liquor, etc.
- Not engaged in making inter-State supplies
- Should not be a casual taxable person or a non-resident taxable person
- Not engaged in making any supply through an electronic commerce operator who is required to deduct TCS under section 52 of the Act.
- Not engaged in the supply of products such as Ice cream, other edible ice, Pan Masala, Tobacco and its substitutes.
- In case of multiple GST registrations under a single PAN where one registration has opted for the 6% scheme, then the other GST registrations under the same PAN would also have to pay @ 6%.
- Not to collect any tax from the recipient and not entitled to any ITC.
- Issue a bill of supply instead of tax invoice
- Disclaimer on the bill of supply needs to be mentioned as ‘taxable person paying tax in terms of notification No. 2/2019-Central Tax (Rate) dated 07.03.2019, not eligible to collect tax on supplies’.
- RCM under section 9(3) and 9(4) has to be paid at the applicable rate. Notification No. 21/2019 Central Tax dated 23.04.2019
- Every supplier shall pay the self-assessed tax in the Form GST CMP-08 of the CGST Rules, 2017 by the 18thof the month following the quarter and
- Every supplier shall file a return for every financial year in the Form GSTR-4 of the CGST Rules, 2017 by the end of 30thApril following the end of the financial year.