GST Marathon Notes (Part 02)
GST Marathon Notes (Part 02)
CA Jasmeet Singh
COMPOSITION SCHEME
Section 10 Composition Scheme
• The composition levy is an alternative method of levy of tax designed for small
taxpayers.
• Small taxpayers with an aggregate turnover in a preceding financial year up to `1.5
crore shall be eligible for composition levy. However, Threshold limit is `75 lakh in
respect of 8 of the Special Category States namely [NUSTA-M3] Nagaland Uttarakhand
Sikkim Tripura Arunachal Pradesh Mizoram Manipur Meghalaya
Section 10(1) & (2) Composition Scheme for Goods & Restaurant Services
• Initially, the scheme was designed to benefit the small traders, manufacturers and
restaurant service providers.
• Subsequently, suppliers availing the composition scheme were permitted to supply
other services also upto higher of following:
(a) 10% of turnover in the state or union territory in the preceding financial year or
(b) `5,00,000 whichever is higher.
Exclusions
• Value of inward supplies on which tax is payable under reverse charge
• Taxes Under GST (i.e. CGST/SGST/UTGST/IGST/ Compensation Cess)
• Value of supply of exempt services by way of extending deposits, loans or advances in
so far as the consideration is represented by way of interest or discount.
Note: Aggregate turnover includes value of supplies from 1st April of a FY up to the date of
his becoming liable for registration
As per Section 10(3), the option of a registered person to avail composition scheme for
services shall lapse with effect from the day on which his aggregate turnover during a
financial year exceeds the threshold limit of `150 Lakh /75 Lakh.
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Composition Rates
Note: for the purposes of determining the Composition tax, turnover in State or UT shall
not include
(i) supplies from 1st April of a FY up to the date when such person becomes liable for
registration under this Act; and
(ii) exempt supply of services provided by way of extending deposits, loans or
advances in so far as the consideration is represented by way of interest or
discount.
A registered person whose aggregate turnover in the preceding financial year is up to `50
lakh, shall be eligible to pay tax under this scheme @ 6% upto Rs. 50 lakhs made from 1st
April of CFY.
Section 10(2)/(2A) Conditions for Opting to Pay Tax under Composition Scheme
a. Restricted from making supply of goods or services which are not liable to GST
b. Restricted from affecting inter-State outward supplies of goods or services
c. Restricted from making supplies through an e-commerce operator – Only for Service
Providers. Supplier of Goods are now eligible to make supplies through E-COM while
being under Composition scheme.
d. Restriction on manufacture of notified goods-
Notified Goods:
(i) Ice cream and other edible ice, whether or not containing cocoa
(ii) Pan masala
(iii) Tobacco and manufactured tobacco substitutes
(iv) Manufacture of Aerated Water
(v) Fly ash bricks or fly ash aggregate with 90% or more fly ash content; Fly ash
blocks
(vi) Bricks of fossil meals or similar siliceous earths
(vii) Building bricks
(viii) Earthen or roofing tiles
e. Not Available to CTP/NRTP
f. Would be applicable for all transactions under the same PAN
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g. Shall not collect tax also Not entitled to input tax credit.
h. Such supplier shall mention the words “composition taxable person not eligible to
collect tax on supplies” at the top of the bill of supply. (not allowed to issue tax
invoice)
RULES
As per Rule 3, A person applying for registration have the option to opt for composition
scheme in part B of REG01. Such intimation shall be considered only after the grant of
registration to the applicant and his option to pay tax under composition levy shall be
effective from the effective date of registration.
As per Rule 4, A registered person who opts to pay tax under composition scheme shall file
an intimation in prescribed form on the Common Portal, prior to the commencement of
the FY for which said option is to be exercised. Composition schemen shall be effective
from the beginning of the next financial year.
Also such person shall have to furnish statement in ITC-03 for reversal of tax credit within a
period of 90 days from the date of commencement of composition scheme.
Body Corporate or
RCM
Partnership Firm
Service Provider Sponsorship Service
(Any Person) Services Recipient
Any Other
Person FCM
Example
Mr. Kapil Sharma has provided sponsorship services to Sprite Pvt. Ltd. in
its show. Here, RCM will apply as Sprite Pvt. Ltd. is a body corporate.
Services of Director
Services of Director
Example
Mr. X, being director of A Ltd, attended board meeting for which A Ltd. Provided Sitting
fees of ₹2,00,000
RCM will be applicable and A Ltd. is liable to pay GST to the government
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1. Mr. X, being whole time director of A Ltd., receives salary of 3,00,000 per
month from company
Here, GST will not be applicable as services by employee to employer is
outside the ambit of GST
2. Mr. X is a director of A Ltd. (Steel almirah manufacturing company) and
also a Interior decorator . He provides interior decoration services to A
Ltd. in which he did interior decoration of Head Office (HO) of A
Ltd. & charged ₹5,00,000
Here, FCM shall be applicable on services of Mr. X as he is providing services in the
individual capacity to A Ltd. , not in the capacity of a Director. Therefore, Mr. X is liable
to pay GST to government
Example
A Ltd. provided ₹5,00,000 to Mr. X (Director)
• In case of Director remuneration , TDS u/s 194J will be deducted by A Ltd. & RCM will
be applicable
• In case of salary , TDS u/s 192 will be deducted by A Ltd. & GST shall not applicable
Example:
Commission/Fees
Customer
Commission
Business Facilitator
Services to Bank
In respect of rural branch In respect of urban branch
They are similar to business facilitator, but they are authorized to transact (i.e. accept
deposit or lend money) on behalf of Bank
Selling of financial products (Mutual Funds / investment policy / Credit card etc.)
Service Provider Individual Direct Selling Agents (DSAs) other than a body
corporate, partnership or LLP
Service Recipient Bank or NBFCs located in Taxable Territory.
Example
Commission = ₹50,000
Security Services
Case 1.
When Service Provider is Non-Body Corporate
Example
M/s Suraj Security Service (Sole proprietor) has provided Security Guard Services for
the following purposes:
S. No. Purpose Treatment
1. Any organization/Company/Business RCM will apply
registered under GST
2. For the security of Alakh sir house FCM will apply
(Unregistered under GST)
Case 2.
When Service Provider is Body Corporate
Example
Secure Ltd. has provided Security Guard Services to the following persons :
1. To Person registered under GST FCM will apply
2. To an unregistered person FCM will apply
GTA is a person who provides Goods transportation service by road and issues
consignment note / Freight Bill in return
Option 1 (Default)
RCM will apply on such services
a) GTA shall not be allowed to claim ITC
b) GST rate shall be 5%
Option 2
GTA has option to avail FCM
a) Rate of GST is 12%
b) GTA is eligible to avail ITC on Inward supplies
c) This option shall be deemed to have been exercised for the next and future financial
years unless GTA files an declaration to revert under RCM on or after the 1st Jan of
preceding FY but not later than 31st March of the preceding FY.
d) Further, a GTA who commences new business or crosses threshold for registration
during any FY, may exercise the option to itself pay GST on the services supplied by
it during FY by making a declaration before the expiry of 45 days from the date of
applying for GST registration or 1 month from the date of obtaining registration,
whichever is later.
Conclusion
Goods Transportation GST @ 12% FCM Applicable
Agency Services
GST @ 5% RCM Applicable
Yes No
Note:
Always FCM will apply in case of letting out of commercial property except where
an unregistered person let out commercial complex to registered person (RCM will
apply here)
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Transfer of goods by Vessel from a place o/s India up to the custom port in India
Service Provider Lender i.e., a person who deposits the securities registered
in his name or in the name of any other person duly
authorised on his behalf with an approved intermediary
for the purpose of lending under the Scheme of SEBI
Service Recipient Borrower i.e., a person who borrows the securities under
the Scheme through an approved intermediary of SEBI
Broker
Security Security
Owner Security Lending Services borrower
Note: Import of service for personal purpose & Consideration paid (Supply u/s 7(1)(b))
Is exempted from GST
RCM shall be applicable on Service by way of renting of any motor vehicle if following
conditions are satisfied:-
1. Motor vehicle meant to “carry passenger” car/bus
2. Service provider shall be any person other than body corporate
3. Service recipient shall be body corporate
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4. Cost of fuel is included in the amount charged as consideration from the service
recipient (Rent includes cost of fuel)
If above conditions are satisfied then, such services shall be taxable at the following
two rates:
1. @ 5% (2.5% CGST+2.5% SGST/UTGST or 5% IGST) provided supplier of services has
taken only the limited ITC (of input services in the same line of business) or
2. @ 12% (6% CGST+6% SGST/UTGST or 12% IGST) where supplier of services opts to pay
GST at said rate.
In this case, there is no restriction on availing ITC on goods or services used in
supplying renting of motor vehicles service by the supplier of service.
Analysis
Service Service Cost of fuel Taxability
provider recipient included
A Ltd. B Ltd. Yes FCM (A Ltd. is liable to pay GST)
Mr. P Mr. S Yes FCM (Mr. P is liable to pay GST)
Mr. P B Ltd. No FCM (Mr. P is liable to pay GST)
Mr. P B Ltd. Yes RCM (B Ltd. Is liable to pay GST)
Conclusion
Clarifications:
1. It is clarified that where the body corporate hires the motor vehicle (for transport of
employees, etc.) for a period of time, during which the motor vehicle shall be at the
disposal of the body corporate, the service would fall under “renting of motor
vehicle service”, and the body corporate shall be liable to pay GST on the same
under RCM.
2. However, where the body corporate avails the passenger transport service for
specific journeys or voyages and does not take vehicle on rent for any particular
period of time, the service would fall under “transport of passenger service” and
the body corporate shall not be liable to pay GST on the same under GST.
The effective rate of GST on real estate sector for the new projects by promoters are as
follows:
1. 1% without ITC on construction of affordable houses (area 60 m2 in metros/90 m2 in
non-metros and value up to `45 lakh).
2. 5% without ITC is applicable on construction of:
a) All houses other than affordable houses, and
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Conditions
Above tax rates shall be available subject to following conditions:
a) ITC shall not be available.
b) 80% of inputs and input services used in supplying the service shall be purchased
from registered persons. Except (i.e. Can be procured from Unregistered Person)
• Services by way of grant of development rights, long term lease of land or Floor
Space Index (FSI) (including additional FSI)
• Electricity, high speed diesel, motor spirit, natural gas.
However, if value of inputs and input services purchased from registered supplier is less
than 80% then,
• The promoter has to pay GST on reverse charge basis, under section 9(4) of the
CGST Act, at the rate of 18% on all such inward supplies (to the extent short of 80% of
the inward supplies from registered suppliers).
• Where cement is received from an unregistered person, the promoter shall pay tax
on supply of such cement on reverse charge basis, under section 9(4), at the rate of
28% (CGST 14% + SGST 14%).
GST on capital goods shall be paid by the promoter on reverse charge basis, under
section 9(4) of the CGST Act at the applicable rates.
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2. Aggregate Turnover:– On all India basis of Person having Same PAN. It Includes
Taxable Supply
Exempt Supply
Export of Goods & Services
Supply to DP having the same PAN
➢ Excludes
• Inward Supplies under RCM Supply
• Taxes including cess under GST
• Person Considered making only Supply of Goods even supply of Services Provided
by way of Interest/Discount
• 40 Lac threshold not available if Person is engaged in making Supplies of following
items
✓ Edible Ice/Ice Cream
✓ PAN masala/Tobacco Products/Substitutes
✓ Fly Ash bricks / Building bricks/ fossil meal bricks/ Earthing roofing tiles
• If Operating from more than one state including Specified State then lower
threshold limit shall be applicable. However if person is engaged in making
exempt supplies from specified state, then lower threshold shall not be applicable.
• Registration required to be taken only from state from where taxable Supplies are
made.
Compulsory registration is required in following cases even if Turnover doesn’t exceed the
threshold:
(i) Person making Inter State taxable Supply of Goods
Except: limit of 10 lac/20Lac available for Notified Handicraft goods & Handmade
goods Inter-state Supply. Provided Person must have PAN & generated E-way bill.
(ii) Casual taxable Person making taxable Supply
Except: Limit of 10 Lac/2oLac available for Notified Handicraft goods & Handmade
goods Inter-state Supply. Provided Person must have PAN & generated E-way bill.
(iii) Person liable to Pay tax Under RCM (Inward Supplies).
(iv) Non-Resident taxable Person.
(v) Eco → Required to Collect TCS U/s 52 or liable to pay tax u/s 9(5)
(vi) Person Supplying goods inter state through ECO. (Sec.22 shall be applicable where
person make Intra state supply of goods through ECO).
(vii) Person Required to deduct TDS u/s 51
(viii) Person acting as an agent for taxable Person.
1. Person who is liable for registration u/s 22 or u/s 24 shall apply for registration within 30
days from the date he becomes liable for registration.
CTP/NRTP shall apply for registration atleast 5 days prior to commencement of business.
2. Registration is to be taken state wise i.e. there is no centralized registration under GST.
3. Within a state an entity having different branches can have single registration wherein
it can declare once place as principal place of business and other branches as Additional
place of business.
4. A person having multiple places of business within a state or UT can apply for separate
registration for each such place of business.
5. Person having separate registration from same PAN shall be treated as Distinct Person
for each such registration.
6. If one unit in SEZ & another in non SEZ area in Same state then Separate Registration is
Required.
7. Person may opt to get voluntarily register even not liable as per section 22 or 24.
8. PAN is mandatory for having the registration under GST except NRTP can get passport
based Registration.
9.
Effective Date of Registration
Note:
• It is Centralized number not state wise
• UIN Holder not a registered person, hence not a taxable person.
In case (ii), if the Appellate Authority upholds the liability to registration, application for
registration shall be submitted within 30 days from the date of issuance of such order of
the Appellate Authority.
GSTIN thereafter granted shall be effective from the date of order of the proper officer
granting temporary registration.
GSTIN- Unique No. in GST to identify tax payer as pan in Income Tax
State Code PAN Entity Code Check
0 9 B D I P A 0 8 8 4 Q 1 Z 1
• Registration under GST is not tax specific, which means that there is single registration
for all the taxes i.e. CGST, SGST/UTGST, IGST and cess.
• Grant of registration/UIN under any SGST Act/ UTGST Act is deemed to be
registration/UIN granted under CGST Act provided application for registration has not
been rejected under CGST Act.
• Further, rejection of application for registration/UIN under SGST Act/UTGST Act is
deemed to be rejection of application for registration under CGST Act.
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Procedure of Registration
Note:
Details to be Provided in Part B Includes Bank A/c details. However bank A/c details can be
provided within
a) 30 days from Date of Grant of Registration
b) before filing of GSTR- 1/ IFF – whichever is earlier
If such RP fails to furnish bank details within the time prescribed above then his registration
shall be stand suspended and suspension shall be automatically revoked when valid bank
details are furnished.
However Following Person is required to provide Bank Details at the time of registration
a) TDS deduction
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b) TCS Collector
c) Dept Driven Registration.
Part II
Proper officer may reject the application for reasons to be recorded in writing.
Deemed Registration
(a) Within a period of 7 working days from the date of submission of the application in
cases where a person successfully undergoes authentication of Aadhaar number
(b) Within a period of 30 days from the date of submission of the application in cases
where
• a person fails to undergo authentication of Aadhaar number or
• does not opt for authentication of Aadhaar number; or
• where PO deems it fit to carry out site verification
• Person is identified on common portal, based on data analysis & risk parameters, to
carry out site verification
(c) Within a period of 7 working days from the date of the receipt of the clarification,
information or documents furnished by the applicant, the application for grant of
registration shall be deemed to have been approved.
Aadhar Authentication
Section 25(6B) and (6C) Read with Rule 8(4A), require every individual and Karta,
Managing Director, Whole Time Director, partners of firm etc. respectively, to undergo
authentication/furnish proof of possession of aadhaar number in prescribed manner. Such
authentication is mandatory to be eligible for grant of registration.
However Following persons have been exempted from aadhaar authentication :
CTP NRTP
A Person who occasionally undertake A Person who occasionally undertake
transaction transaction
• In state / UT where he has no PoB But no fixed POB or Residence in India
• In course or furtherance of Business
Registration: Registration:
• Compulsory Registration U/s 24 • Compulsory Registration u/s 24
• Form REG -01 • Form REG – 09
• PAN required • Passport Required
• Registration 5 Days before comment of • Registration 5 Days before comment of
Business Business
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3. Suspension of registration [First proviso to section 29(1) and second proviso to section
29(2) read with rule 21A]
D. Revocation of Suspension:
• Suspension automatically ends when the cancellation proceedings conclude.
• Revocation is effective from the date the suspension started.
• The proper officer can revoke suspension anytime during cancellation
proceedings if deemed necessary.
E. If registration was suspended due to non-filing of GST returns, suspension will end
once all pending returns are filed.
F. If registration was suspended due to non-compliance with Rule 10A, suspension will
be revoked upon compliance.
5. Other Points
a) Even after cancellation, the taxpayer is still liable to pay any pending tax or dues
for the period before cancellation. (Section 29(3))
b) If registration is canceled under the SGST/UTGST Act, it is automatically canceled
under the CGST Act as well. (Section 29(4))
c) The taxpayer will be notified via SMS and email once registration is canceled. The
cancellation order will be sent to the primary authorized signatory through email
and SMS.
d) The taxpayer cannot file returns for periods after cancellation. However, they can
still submit returns for the period before cancellation, when registration was
active.
2. Approval of Revocation:
If the proper officer is satisfied, he will approve the revocation request within 30 days
of receiving the application and communicate the decision to the applicant.
3. Rejection of Revocation:
• If the officer intends to reject the revocation request, he must first issue a Show
Cause Notice (SCN) to the applicant.
• The applicant must submit a reply within 7 working days of receiving the SCN.
• The proper officer must then dispose of the application (approve/reject) within 30
days of receiving the applicant's response.
Amendment
Sec 29 read with Rule 21 has been amended to provide that if in case of Revocation of
Cancellation u/s 30, Person fails to file his GST returns from the Date of Cancellation Order
(or as the case may be, from Effective Date of Cancellation) till Date of Revocation order
within the prescribed period of 30 days from Revocation Order, then it can become one of
the ground for Suo-moto cancellation of registration by PO
Illustrations
Run Cricket
sports → EXEMPT
Academy
3. Education Services :
Note:
Private coaching Institutes → Not considered As Ed. Institute → Not Exempt
4. Food In a Mess/Canteen
MIGRATION CERTIFICATE
6. Ed. Institute Student
Fees charge
Exempt
7. Anganwadi (Pre-School) → Mid-Day meal Services To/By Anganwadi → EXEMPT
8.
4. Agriculture Services
• Meaning of Agriculture
- It Includes -
• Culuation of Plants/Crops
• Rearing of All life forms of animal For Food/Fiber/Fuel/Raw Material
except Rearing of Horses. or other Similar Product
Agro-Machine
4. Renting/Leasing of
Vacant Land.
5. Looding/Unloading/Packing/Storage/Warehousing/Agriculture Produce
7. Services by :-
Jal
Passenger Transp. Service Thal
Vayu
A. By Road
AC Bus Non-AC
Taxable
Exempt
For the purpose
of Hire/Tourism
Transportation Takes place @ pre- Contract carriage is hired for period of Time &
determined Roots & pre- Manner of usage is decided by Firm/Companies
determined schedule
It is Renting of Motor
Vehicle
Example Taxable
Reliance
Mr. J Non-AC Cabs Hired Transp. Service X Renting of H.V ✓
Route Fixed
Running Days By Reliance
Hours of Running
B. By Rail
Exempt
Pre-dominantly Public Transport
for Tourism
Exempt
Taxable
Eq. Shikara/Boat house/Cruise
The expression ‘public transport’ used in this Entry only means that the transport should be
open to public. It can be privately or publicly owned. Only exclusion is on transportation
which is predominantly for tourism, such as services which may combine with
transportation, sightseeing, food and beverages, music, accommodation such as in shikara,
cruise etc.
D. By Airway
Exempt
6. Goods Transportation
1. Transportation of Goods By
Exempt
Through Through Others
GTA Courier eg.
Rikshaw loader
bullock cart etc.
Taxable Taxable
Exempt
• Dept/Establishment of CG/SG/UT/LA
• Local Authority
• Govt. Agencies → Reg U/S 51 to deduct TDS
Exempt
4. Transport of Minerals from Mine to Railway siding or Transportation within Mining Area.
➔ Vehicle along with Driver is hired by Mine Operator (Adani).
➔ It is not a Transportation of Goods but Renting of Motor Vehicle
➔ Therefore No Ex. Shall be Allowed.
Money Lend/Advance/Deposit
1. Lender Borrower
Interest/Discount
Any Person
Exempt
Taxable
Note : Any charges by whatever name called (Documentation charge, File charge,
Processing charge etc.) recovered over & above Interest on loan → Taxable
Foreign Currency
2. BANK-1 (ICICI) Foreign Currency
Dealer - 1
Foreign Foreign
Currency Exempt
Currency
Foreign Currency
Bank Mr. Ram (Exporter)
Foreign Currency
Foreign Currency deoler Mr. Shyam (Importer)
Taxable
Exempt Taxable
Example
POS Mach
PAYTM Acquiring bank
SBI
HDFC Trans. Upto ₹ 2000 Paytm charge % i.e. ₹ 20
No GST
8. Business facilitator/correspondent
Services by the following persons in respective capacities
(a) Business facilitator or a business correspondent to a banking company with respect to
accounts in its rural area branch;
(b) Any person as an intermediary to a business facilitator or a business correspondent
with respect to services mentioned in entry (a); or
(c) Business facilitator or a business correspondent to an insurance company in a rural
area.
BCs/BFs help villagers to open bank accounts and provide other banking services to
them. They act as an intermediary between the bank and its customers. Banks, in turn,
pay commission/fee to the BCs/BFs.
The BCs are permitted to carry out transactions on behalf of the bank as agents, the
BFs can refer clients, pursue the clients' proposal and facilitate the bank to carry out
its transactions, but cannot transact on behalf of the bank.
Insurance
BF/BC
Company Services
provide
In Urban In Rural Area
Area
Taxable (FCM) Exempt
ie BC/BF liable to Pay Tax
9. Performance By Artist
Performance by Artist
Music/Dance/Theatre
Folk/Classical Others
eq Western Music
TV Performance etc
Consideration Received
Upto Exceed
Always Taxable
₹ 1.5 L ₹ 1.5 L
Maintenance Change
Gokul Dham
Society upto 7500 p.m./Member (Flat)
Yes No
Exempt Taxable
Inward Supply O/w Supply
RWA Members
ITC-Allowed Charge > 7500 pm
Taxable
11. Sports Service
Participate
Sports Event → Taxable
1.
2.
3. Services provided by Hostels, Camps, Paying Guest accommodations and the like
Supply of accommodation services having value of supply upto ₹ 20,000 per person per month
provided that the accommodation service is supplied for a minimum continuous period of 90
days.
5. Services provided by one zone/division under Ministry of Railways (Indian Railways) to another
zone(s)/division(s) under Ministry of Railways (Indian Railways).
d) an Assessment Agency recognized by the National Council for Vocational Education and
Training;
e) a Training Body accredited with an Awarding Body that is recognized by the National
Council for Vocational Education and Training
in relation to:
i. the National Skill Development Programme or any other scheme implemented by
the National Skill Development Corporation; or
ii. a vocational skill development course under the National Skill Certification and
Monetary Reward Scheme; or
iii. any National Skill Qualification Framework aligned qualification or skill in respect of
which the National Council for Vocational Education and Training has approved a
qualification package.
7. Supply of services by way of providing metering equipment on rent, testing for meters/
transformers/capacitors, etc, releasing electricity connection, shifting of meters/service lines,
issuing duplicate bills, etc which are incidental or ancillary to the supply of transmission and
distribution of electricity provided by electricity transmission and distribution utilities to their
consumers.