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All your Queries under Composition Scheme Answered Here
In this article, we have addressed some of the basic queries around Composition Scheme under Goods and Services Tax Law.
Latest Updates on composition scheme
28th May 2021
As per the outcome of the 43rd GST Council meeting and CBIC notification,
(1) Interest relief has been provided for filing of CMP-08 for Jan-March 2021 quarter as per which, for any delay, interest is not charged until 3rd May, whereas 9% of reduced interest will be charged if filing is done thereafter until 17th June, and 18% later on.
(2) The due date to file GSTR-4 for FY 2020-21 is extended up to 31st July 2021.
(3) The maximum late fee for GSTR-4 that can be charged will be restricted to Rs.500 per return for nil filing and Rs. 2000 for other than nil filing.
1st May 2021
(1) The due date to file GSTR-4 for FY 2020-21 was extended from 30th April 2021 to 31st May 2021.
(2) Form CMP-08 that was due by 18th April 2021 for January-March 2021 has been given a relaxation in the interest charges. No interest for filing on or before 8th May, interest reduced to 9% between 9th May and 23rd May, but charged at 18% thereafter.
(3) The time limit to file ITC-03 by newly opted composition taxable persons for FY 2021-22 is extended up to 31st May 2021.
21st September 2020
The late fee has been reduced on filing pending Form GSTR-4 (Quarterly Return). The taxpayer is not required to pay the late fee if the tax liability is ‘NIL’. For other cases, the late fee has been restricted to Rs.500.
However, the pending GSTR-4 (quarterly) related to FY 2017-18 and 2018-19 has to be filed on or before 31.10.2020.
31st August 2020
The due date for furnishing Form GSTR-4 for the FY 2019-20 from 31st August 2020 to 31st October 2020.
21st July 2020
The facility to file GSTR-4 (Annual Return) is now available on GST portal.
13th July 2020
The due date to file GSTR-4 (Annual Return) has been extended to 31st August 2020 from 15th July 2020.
3rd April 2020
1. The time limit to opt into the composition scheme for the FY 2020-21 in form CMP-02 has been extended up to 30th June 2020. It applies for both taxpayers registered under section 10 of the CGST Act as well as the taxpayers opting for the scheme notified via CGST (Rate) notification no. 2/2019 dated 7th March 2019.
2. The time limit to file form ITC-03 has accordingly been extended till 31st July 2020.
3. The dealers can submit challan-cum-statement in form CMP-08 for the January-March 2020 quarter by 7th July 2020.
4. The time limit to file GSTR-4 annual returns for the FY 2019-20 by the composition dealers has been extended till 15th July 2020.
Businesses with annual turnover up to Rs 1.5 crore can opt for composition scheme. Turnover of all businesses with the same PAN has to be added up to calculate turnover for the purpose of the composition scheme.
Only Manufacturers of goods, Dealers, and Restaurants (not serving alcohol) can opt for the composition scheme under Section 10. However, service providers can opt into a similar scheme for composition dealers notified by the CGST (Rate) notification no. 2/2019 dated 7th March 2019 where the total turnover limit is Rs.50 lakh.
Please use the chart below to understand the tax rate on turnover in the state as follows:
Composition scheme : Applicable GST Rate
|Type of Business||CGST||SGST||Total|
|Manufacturers and Traders (Goods)||0.5%||0.5%||1%|
|Restaurants not serving Alcohol||2.5%||2.5%||5%|
A composition dealer has to pay tax under reverse charge mechanism wherever applicable. The rate applicable to the supplies is the rate at which GST has to be paid. This means that rate under composition scheme should not be used for reverse charge purposes. Also, no input tax credit is available for tax paid under reverse charge for a composition dealer.
Tax at normal rates has to be paid on purchases from an unregistered dealer only for the months of July and August 2017. From September 2017 onwards there is no need to pay tax on these purchases, except if the taxpayer is into real estate. The builders are required to pay tax on a reverse charge basis at 18% for any shortfall beyond 80% in the purchases from GST registered vendors. No ITC is available on tax paid under reverse charge.
IGST should not be paid by a composition dealer. The dealer who is required to pay tax under reverse charge, import of service or purchase from an unregistered dealer has to pay only CGST and SGST.
A composition dealer is required to pay tax at a specific rate on total sales. Also, the dealer has to pay tax under reverse charge on specified purchases, purchase from unregistered dealers and import of services.
This means that Total GST payable = Tax on supplies (net of advance and goods returned) + tax on B2B transactions where reverse charge is applicable + tax on B2B purchases from unregistered suppliers, if applicable + Tax on Import of services.
The rate of tax on transactions under reverse charge, purchase from an unregistered dealer and import of services will be at normal rates, i.e. the rates applicable to the supplies. Rates under the composition scheme are applicable only to sales of a composition dealer.
No, a dealer registered under composition scheme is not required to maintain detailed records as required by a normal taxpayer.
No, a composition dealer is not allowed to avail input tax credit of GST on purchases.
A composition dealer has to issue a Bill of Supply. They cannot issue a tax invoice. This is because the tax has to be paid by the dealer out of pocket. A composition dealer is not allowed to recover the GST from the customers.
The taxable person is required to pay tax on quarterly basis in a challan-cum-statement from FY 2019-20, i.e CMP-08 instead of furnishing return, i.e. GSTR-4.
Moreover, the frequency of filing GSTR-4 returns has been made annual with effect from FY 2019-20 replacing the GSTR-9A annual return.
No, a composition dealer is not allowed to collect composition tax from the buyer.
The composition scheme is available only for dealers doing intra-state supplies. If a dealer is involved in inter-state supplies, then they have to opt out of the scheme.
Taxpayers registered under composition scheme under VAT were allowed to take credit for inputs in stock, or in semi-finished goods or in finished goods held on the day before the day of opting out of composition scheme.
Following are the conditions which must be addressed by the taxpayer to avail credit on input at the time of transition from composition scheme to the normal scheme:
When switching from normal scheme to composition scheme, the taxpayer shall be liable to pay an amount equal to the credit of input tax in respect of inputs held in stock on the day immediately preceding the date of such switchover. The balance of input tax credit after payment of such amount, if any, lying in the credit ledger shall lapse.
Yes, this is possible. You can opt to switch between the composition scheme and the normal scheme based on your turnover. However, you will have to keep in mind that this will affect the way you issue invoices and file your returns. The declaration of change can be submitted on the GST Portal.
Composition scheme is considered to be opted for all businesses that are associated with a PAN.
Yes. Composition dealers cannot charge GST on their sales in the bill of supply. So the end consumer pays less money than usual.
No. Before the beginning of every financial year, a registered taxpayer is required to provide a declaration on the GST Portal. This cannot be done anytime during the year. Form CMP-02 must be used to opt into the composition scheme (both supplier of goods and service provider)
When a dealer opts out of the composition scheme all the normal rules are applicable from the day of opting out. For example, a composition dealer opts out of the composition scheme on 15th October 2020. This means that the dealer will have to file two CMP-08 for the quarters of July – September, and October (15 days). The dealer will also have to file GSTR-1 and GSTR-3B for the period of October 2020 (sales from 15th October until end of the month).