Ankita Khetan | Oct 13, 2017 |
Section 10 of CGST Act,2017 Composition Levy
Section 10 of CGST Act,2017 from bare act :
(1) Notwithstanding anything to the contrary contained in this Act but subject tothe provisions of sub-sections (3) and (4) of section 9, a registered person, whose aggregateturnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, inlieu of the tax payable by him, an amount calculated at such rate as may be prescribed, butnot exceeding,
(a) one per cent. of the turnover in State or turnover in Union territory in case ofa manufacturer,
(b) two and a half per cent. of the turnover in State or turnover in Union territoryin case of persons engaged in making supplies referred to in clause (b) of paragraph 6of Schedule II, and
(c) half per cent. of the turnover in State or turnover in Union territory in case ofother suppliers,
subject to such conditions and restrictions as may be prescribed:
Provided that the Government may, by notification, increase the said limit of fifty lakhrupees to such higher amount, not exceeding one crore rupees, as may be recommended bythe Council.
(2) The registered person shall be eligible to opt under sub-section (1), if:
(a) he is not engaged in the supply of services other than supplies referred to inclause (b) of paragraph 6 of Schedule II;
(b) he is not engaged in making any supply of goods which are not leviable to taxunder this Act;
(c) he is not engaged in making any inter-State outward supplies of goods;
(d) he is not engaged in making any supply of goods through an electroniccommerce operator who is required to collect tax at source under section 52; and
(e) he is not a manufacturer of such goods as may be notified by the Governmenton the recommendations of the Council:
Provided that where more than one registered persons are having the same PermanentAccount Number (issued under the Income-tax Act, 1961), the registered person shall not beeligible to opt for the scheme under sub-section (1) unless all such registered persons opt topay tax under that sub-section.
(3) The option availed of by a registered person under sub-section (1) shall lapse witheffect from the day on which his aggregate turnover during a financial year exceeds the limitspecified under sub-section (1).
(4) A taxable person to whom the provisions of sub-section (1) apply shall not collectany tax from the recipient on supplies made by him nor shall he be entitled to any credit ofinput tax.
(5) If the proper officer has reasons to believe that a taxable person has paid tax undersub-section (1) despite not being eligible, such person shall, in addition to any tax that maybe payable by him under any other provisions of this Act, be liable to a penalty and theprovisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of taxand penalty.
CHAPTER III
LEVY AND COLLECTION OF TAX
Chapter III of the CGST Act,2017 covers five sections relating toLEVY AND COLLECTION OF TAXunderGST.All these sections from the CGST Act,2017 are available for your ready reference.
Section 7 :Scope ofsupply
Section 8 :Tax liabilityon compositeand mixedsupplies
Section 9 :Levy andcollection
Section 10 :Compositionlevy
Section 11 :Power tograntexemptionfrom tax
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