COMPOSITION SCHEME UNDER GST

Composition Scheme is uncomplicated and simple scheme under GST for small taxpayer. They can get relaxation from monotonous GST formalities and can also pay tax at a fixed rate of Turnover. This scheme is only applicable to those whose turnover is not exceeding Rs. 1.5 Crores.

ELIGIBLITY FOR COMPOSITION SCHEME:

A taxpayer whose turnover is less than Rs. 1.5 Crores can go for composition scheme, in case the taxpayer is from North Eastern States and Himachal Pradesh then the limit will be Rs. 75 Lakhs. A composition dealer is allowed to supply the services in the range of ten percent of turnover or Rs. 1.5 crores, whichever is higher as per the CGST (Amendment) Act, 2018. This amendment will take effect from 1^st February 2019. After that in 32^nd meeting of the Council on 10^th January, 2019 proposed for an increment in this limit for service providers.

INELIGIBLE PERSON FOR COMPOSITION SCHEME:

The following person cannot opt for the composition scheme:

• Manufacturer of ice-cream;
• Manufacture of tobacco;
• Manufacture of pan masala;
• A person who is making an inter-state supplies;
• A casual taxable person;
• A non-resident taxable person;
• Business which are engaged in supplying of goods through e-commerce operator.

Composition Scheme under GST Services:

CONDITION FOR AVAILING COMPOSITION SCHEME:

• Dealer cannot claim Input Tax Credit;
• Dealer cannot supply non-taxable goods;
• If there’s any transaction of Reverse Charge Mechanism then the taxpayer will have to pay tax at the rate of normal rate;
• If the taxable person has different business then he will have to opt the Composition Scheme for all the business and not for only one;
• The taxpayer will have to write ‘Composition Taxable Person’ on all the places where the place of business is and on all the notices.
• While issuing bill of supply then also he will have to mention ‘Composition Taxable Person’.
• A composition dealer is allowed to supply the services in the range of ten percent of turnover or Rs. 1.5 crores, whichever is higher as per the CGST (Amendment) Act, 2018.This amendment will take effect from 1^st February, 2019.

HOW CAN THE TAXPAYER SHALL OPT FOR THIS SCHEME?

The person who wants to opt for this scheme will have to file Form GST CMP-02 with the government, he can also file his on GST Portal by logging in. This communication shall be done by the person at the start of every financial year that the person wants to opt for the scheme.

ADVANTAGES OF COMPOSITION SCHEME:

There are the following advantages of availing composition scheme:

• There will be lesser compliance under this scheme,
• There’s also limited tax liability,
• There will be a lower rate so taxes will have high liquidity.

DISADVANTAGES OF COMPOSITION SCHEME:

There are the following disadvantages of availing composition scheme:

• The taxable person is restricted for inter-state supplies,
• The dealer will not be able to claim Input Tax Credit,
• The dealer will also not be able to sell the non-taxable goods.

Author- Adv. Shivam Kumar
Legal and content Executive, Taxblock India Pvt. Ltd