Author: admin_gst

GST – COMPOSITION LEVY
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 6-4-2017

Composition levy
The term 'composition levy' has not been defined in Central Goods and Services Tax Bill, 2017 ('Bill' for short). Section 10 of the Bill provides for the composition levy. Section 10(1) provides that notwithstanding anything to the contrary contained in this Act but subject to the provisions of Section 9(3) and 9(4) of the Bill (Dealing with reverse charge mechanism), a registered person may opt to pay, in lieu of GST payable by him, if his aggregate turnover in the preceding financial year did not exceed ₹ 50 lakhs. The Government may increase the above said limit to ₹ 1 crore on the recommendation of GST Council.
Aggregate turnover
Section 2(6) of the Bill defines the term 'aggregate turnover' as the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis

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s are having the same PAN, the registered person shall not be eligible to opt unless such registered persons opt to pay tax under this scheme.
Lapse of option
Section 10(3) provides that the option availed by a registered person shall lapse with effect from the day on which the aggregate turnover during a financial year exceeds ₹ 50 lakhs.
Rate for composition levy
Section 10(1) of the Bill reads with Rule 5 of Composition Rules provides that the category of registered persons, eligible for composition of levy and the specified rate as detailed below-
* Manufacturers, other than manufacturers of such goods as may be notified by the Government – 1%;
* Suppliers making supplies referred to para 6 (b) of Schedule II – 2.5%;
* Any other supplier eligible for composition of levy under Section 10 and the rules – 0.5%
Section 10(1) provides that the an eligible registered person may opt to pay an amount calculated at the above rate but not exceeding-
* 1% of the turnover in

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he shall pay tax under Section 9(3) or 9(4) on inward supply of goods or services or both received from un-registered person;
* he was not engaged in the manufacture of goods as notified in Section 10(2)(e) during the preceding financial year.
Section 10(4) provides that a taxable person, who opts this scheme, shall not collect any tax from the recipient on supplies made by him nor shall be entitled to any credit of input tax.
Intimation of option
Rule 1 makes an obligation to the person who opt composition levy to intimate the same in the prescribed form.
Rule 1(1) provides that any person who has been granted registration on a provisional basis shall electronically file intimation in Form GST CMP – 01, duly signed, on the common portal prior to the appointed day, but not later than 30 days after the said day. Such period may be extended by the Commissioner in this behalf. Where the intimation is filed after the appointed day, the registered person shall not collect any tax fr

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Rule 1(1) or Rule 1(3) in respect of any place of business in any State or Union territory shall be deemed to be intimation in respect of all other places of business registered on the same PAN.
Stock details
Rule 1(4) provides that any person who files an intimation to pay tax shall furnish the details of stock, including the inward supply of goods received from unregistered persons, held by him on the day preceding the date from which he opts to pay tax under the said section, electronically in Form GST CMP – 03, on the common portal, within 60 days of the date from which the option for composition levy is exercised or within such further period as may be extended by the Commissioner in this behalf.
Effective date
Rule 2(1) provides that the option to pay shall be effective from the beginning of the financial year, where the intimation is filed under Rule 1(3) and the appointed date where intimation is filed under Rule 1(1). The intimation shall be considered only after grant of

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e show cause notice in Form GST CMP – 06, the proper officer shall issue an order in Form GST CMP 07 within 30 days of receipt of such reply, either accepting the reply or denying the option to pay tax under composition levy from the date of option or from the date of the event concerning such contravention, as the case may be.
Such person shall electronically furnish at the common portal, a statement in Form GST ITC 01 containing the details of the stock of inputs and inputs contained in semi-finished or finished goods held in stock by him on the date on which the option is withdrawn or denied, within 30 days from the date from which the option is withdrawn or from the order passed in GSTCMP 07.
Any intimation for withdrawal or denial of the option in respect of any place of business in any State or Union territory shall be deemed to be intimation in respect of all other places of business registered on the same PAN.
Penalty
Section 10(5) provides that if the proper officer has re

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ing all conditions). During 2nd year 2018-19, his turnover crosses 50 lakhs (say in December 2018) and he comes out of composition levy for remaining period. In 3rd year 2019-20, his turnover again falls below 50 lakhs. Can he opt for composition levy for 4th year 2020-21 based on the condition of previous year i.e. 2019-20 turnover below ₹ 50 lakhs?
Dated: 7-4-2017
Reply By MARIAPPAN GOVINDARAJAN as =
The point raised both of the experts are to be clarified by the Government.
Dated: 7-4-2017
Reply By CA.LALIT MUNOYAT as =
Well so far as the rates are concerned, they would be double considering both CGST & SGST Act. This has been clarified by the Government.
Secondly so far as the eligibility condition is concerned, he would be eligible for the 4th year 2020-21 based on the condition of previous year i.e. 2019-20 turnover below ₹ 50 lakhs?. This is clear from the language of the section itself.
Dated: 7-4-2017
Scholarly articles for knowledge sharing by authors,

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THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) BILL, 2017 – AN OVERVIEW
By: – DR.MARIAPPAN GOVINDARAJAN
Goods and Services Tax – GST
Dated:- 5-4-2017

Constitution amendment
Section 18 of the Constitution (One Hundred and First Amendment) Act, 2016 provides that parliament shall, by law, on the recommendations of the Goods and Services Tax Council, provide for compensation to the States for loss of revenue arising on account of implementation of the goods and services tax for a period of five years.
Compensation to States
The Goods and Services Tax (Compensation to States) Bill, 2017 ('Bill' for short) provides for the following-
* to provide that the financial year 2015-16 shall be taken as the base year for calculating compensation amount payable to States;
* the revenue to be compensated shall consist of revenues from all taxes levied by the States which are to be subsumed under the GST, as audited by C&AG;
* to provide that the compensation shall be r

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on lapsable Fund known as the GST Compensation Fund in the Public Account and all amounts payable to the States as GST compensation shall be paid from GST Compensation Fund; and
* any residual amount left in the Compensation Fund after five year compensation period shall be shared equally between the Centre and the States.50% of the amount remaining unutilized in the GST Compensation Fund at the end of the transition period shall be transferred to the Consolidated Fund of India as the share of the Centre and the balances of 50% shall be distributed amongst the States and Union Territories in the ratio of their total revenues from the SGST or UGST, as the case may be, in the last year of the transition period.
Bill
The Bill has been introduced in the Lok Sabha. The Bill has 14 sections and one schedule. This Act extends to whole of India. The bill provides for-
* ascertaining the base year for calculation of compensation;
* calculation of base year revenue;
* projected revenue

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ng taxed, imposed which are subsumed into GST-
* VAT, sales tax, purchase tax,tax collected on works contract or any other tax levied by the concerned State under the erstwhile entry 54 of List II of VII Schedule to the Constitution;
* the CST;
* the entry tax, octroi,local body tax or any other tax levied by the concerned State under the erstwhile entry 52 of List II of the VII Schedule to the Constitution;
* the taxes on luxuries, including taxes on entertainments, amusements, betting and gambling or any other tax levied by the concerned State under the erstwhile entry 62 of List II of the VII Schedule to the constitution;
* the taxes on advertisement or any other tax levied by the concerned State under the erstwhile entry 55 of List II of the VII Schedule to the Constitution;
* the duties of excise on medicinal and toilet preparation levied by the Union but collected and retained by the concerned State Government under the erstwhile Article 268 of the Constitution;
* a

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erstwhile entry 54 of List II of VII Schedule to the Constitution prior to the Constitution (One Hundred and First Amendment) Act, 2016 on the sale or purchase of petroleum crude, High speed diesel, motor spirit, natural gas, aviation turbinefuel and alcoholic liquor for human consumption;
* tax levied under CST on the sale or purchase of petroleum crude, High speed diesel, motor spirit, natural gas, aviation turbinefuel and alcoholic liquor for human consumption;
* any cess imposed by the State Government on the sale or purchase of petroleum crude, High speed diesel, motor spirit, natural gas, aviation turbinefuel and alcoholic liquor for human consumption;
* the entertain tax levied by the State but collected by local bodies under any Act under the erstwhile entry 62 of List II of the VII Schedule to the Constitution, prior to coming into force of the provisions of Constitution (One Hundred and First Amendment) Act, 2016;
Projected revenue for any year
Section 6 provides that

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te tax collected by the State, net of refunds given by the State;
* the IGST apportioned to that State;
* any collection of taxes on account of the taxeslevied by the respective State under the Act, net of refunds of such taxes
as certified by the C&AG;
* the total compensation payable shall be the difference between the projected revenue and the actual revenue calculated by a State.
Section 7(4) provides the method for calculation of the loss of revenue at the end of every two months is as detailed below-
* the projected revenue that could have been earned by the State in absence of GST till the end of the relevant two months shall be calculated on a pro-rata basis as a percentage of total projected revenue for any financial year during the transition period;
* the actual revenue collected by a State till the end of relevant two months period shall be-
* the actual revenue from State tax collected by the State, net of refunds given by the State;
* the IGST apportioned

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ovides for the levy of a cess on such intra-State supplies of goods or services or both and such inter-State supplies of goods or services or both as provided in Section 5 of IGST Act, for the purposes of providing compensation to the State for loss of revenue on implementation of GST with effect from the date from which the provisions of CGST Act is brought into force, for a period of 5 years or for such period as may be prescribed on the recommendation of the Council. Such levy is not there in case of composition levy under Section 10 of CGST.
The cess shall be levied as specified below, on the basis of value, quantity or on such basis at such rate not exceeding the rate as notified by the Central Government on recommendations of the GST Council-
Sl. No.
Description of supply of goods or services
Tariff item, heading, sub heading, Chapter or supply of goods or services, as the case may be
The maximum rate at which GST compensation cess may be collected
(1)
(2)
(3)
(4)
1
Pa

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pplies of goods or services or both. The cess on goods imported into India shall be levied and collected in accordance to Section 3 of the Customs Tariff Act, 1975 at the point when duties of customs are levied on a value determined under Customs Tariff Act, 1975.
Payments, returns and refunds
Section 9 provides that every taxable person shall-
* pay the amount of cess as payable under this Act in such manner;
* furnish such refunds in such forms, along with the returns to be filed under the CGST Act; and
* apply for refunds of such cess paid in such form
as may be prescribed.
Crediting proceeds of Cess to Fund
Section 10 provides that the proceeds of the cess shall be credited to a non lapsable fund known as the GST Compensation Fund, which shall form part of the public account of India. It shall be utilized for purposes specified in Section 8. All amounts payable to the States shall be paid out of the fund.
Distribution of balance amount
50% of the amount remaining unut

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the levy and collection of the cess on the intra-State supply of goods and services.
Applications of certain provisions of IGST Act
Section 11(2) provides that the provisions of IGST Act and the rules made there under, including those relating to assessment, input tax credit, non levy, short levy, interest, appeals, offences and penalties, shall, mutatis and mutandis apply in relation to the levy and collection of the cess on such inter-State supplies.
Input tax credit
The proviso to Section 11 provides that the input tax credit in respect of cess on supply of goods and services leviable shall be utilized only towards payment of said cess on supply of goods and services leviable.
Power to remove difficulties
Section 14 provides that if any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendations of the Council, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of the A

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Conditions for purposes of appearance
Rule 25
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
25. Conditions for purposes of appearance
(1) No person shall be eligible to attend before any authority as a goods and services tax practitioner in connection with any proceedings under the Act on behalf of any registered or unregistered person unless he has been enrolled under rule 24.
(2) A goods and services tax practitioner attending on behalf of a registered or an unregi

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Provisions relating to a goods and services tax practitioner
Rule 24
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
24. Provisions relating to a goods and services tax practitioner
(1) An application in FORM GST PCT-01 may be made electronically through the Common Portal either directly or through a Facilitation Centre notified by the Commissioner for enrolment as goods and services tax practitioner by any person who:
(a) (i) is a citizen of India;
(ii) is a person of sound mind;
(iii) is not adjudicated as insolvent;
(iv) has not been convicted by a competent court,-
and satisfies any of the following conditions: –
(b) that he is a retired officer of the Commercial Tax Department of any State Government or of the Central Board of Excise and Customs, Department of Revenue, Government of India, who, during his service under the Government, had worked in a post not lower in rank than that of a Group-B gazetted officer for a period of not less than two yea

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India.
(2) On receipt of the application referred to in sub-rule (1), the officer authorised in this behalf shall, after making such enquiry as he considers necessary, either enrol the applicant as a goods and services tax practitioner and issue a certificate to that effect in FORM GST PCT-02 or reject his application where it is found that the applicant is not qualified to be enrolled as a goods and services tax practitioner.
(3) The enrolment made under sub-rule (2) shall be valid until it is cancelled:
Provided that no person enrolled as a goods and services tax practioner shall be eligible to remain enrolled unless he passes such examination conducted at such periods and by such authority as may be notified by the Commissioner on the recommendations of the Council:
Provided further that no person to whom the provisions of clause (c) of sub-section (1) apply shall be eligible to remain enrolled unless he passes the said examination within a period of one year from the appointed

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7) Where a statement required to be furnished by a registered person has been furnished by the goods and services tax practitioner authorised by him, a confirmation shall be sought from the registered person over email or SMS and the statement furnished by the goods and services tax practitioner shall be made available to the registered person on the Common Portal:
Provided that where the registered person fails to respond to the request for confirmation till the last date of furnishing of such statement, it shall be deemed that he has confirmed the statement furnished by the goods and services tax practitioner.
(8) A goods and services tax practitioner can undertake any or all of the following activities on behalf of a registered person, if so authorised by him to:
(a) furnish the details of outward and inward supplies;
(b) furnish monthly, quarterly, annual or final return;
(c) make deposit for credit into the electronic cash ledger;
(d) file a claim for refund; and
(e) file a

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Details of inward supplies of persons having Unique Identity Number
Rule 23
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
23. Details of inward supplies of persons having Unique Identity Number
(1) Every person who has been issued a Unique Identity Number and claims refund of the taxes paid on his inward supplies, shall furnish the details of such supplies of taxable goods or services or both electronically in FORM GSTR-11, along with application for such refund claim

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Final return
Rule 22
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
22. Final return
Every registered person required to furnish a final return under section 45, shall furni

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Annual return
Rule 21
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
21. Annual return
(1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return as specified under sub-section (1) of section 44 electronically in FORM GSTR-9 through the Common Portal either directly or through a Facilitation Centre notified by the Comm

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Communication and rectification of discrepancy in details furnished by the e-commerce operator and the supplier
Rule 20
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
20. Communication and rectification of discrepancy in details furnished by the e-commerce operator and the supplier
(1) Any discrepancy in the details furnished by the operator and those declared by the supplier shall be made available to the supplier electronically in FORM GST MIS-3 and to the e-commerce operator electronically in FORM GST MIS-4 on the Common Portal on or before the last date of the month in which the matching has been carried out.
(2) A supplier to whom any discrepancy is made available under sub-rule (1) may make suitable rectifi

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Matching of details furnished by the e-Commerce operator with the details furnished by the supplier
Rule 19
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
19. Matching of details furnished by the e-Commerce operator with the details furnished by the supplier
The following details relating to the supplies made through an e-Commerce operator, as declared in FORM GSTR-8, shall be matched with the corresponding details declared by the supplier in FORM GSTR-1-
(a) State of

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Refund of interest paid on reclaim of reversals
Rule 18
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
18. Refund of interest paid on reclaim of reversals
The interest to be refunded under sub-section (9) of section 42 or sub-section (9) of section 43 shall be claimed by the registered person in his return in FORM GSTR-3 and shall be credited to his electronic cash ledger in FORM GST PMT-05 and the amount credited shall be available for payment of any future liability

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Claim of reduction in output tax liability more than once
Rule 17
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
17. Claim of reduction in output tax liability more than once
Duplication of claims for reduction in output tax liability in the details of outward supplies shall be communicated to the registered person in FORM GST MIS-1 electronically through the Common Portal.
–
Statute, statutory provisions legislation, law, enactment, Acts, Rules, Regulations, Taxa

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Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction
Rule 16
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
16. Communication and rectification of discrepancy in reduction in output tax liability and reversal of claim of reduction
(1) Any discrepancy in claim of reduction in output tax liability, specified in sub-section (3) of section 43, and the details of output tax liability to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the registered person making such claim electronically in FORM GST MIS- 1 and the recipient electronically in FORM GST MIS-2 through the Common Po

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Final acceptance of reduction in output tax liability and communication thereof
Rule 15
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
15. Final acceptance of reduction in output tax liability and communication thereof
(1) The final acceptance of claim of reduction in output tax liability in respect of any tax period, specified in sub-section (2) of section 43, shall be made available electronically to the person making such claim in FORM GST MIS-1 through the Common P

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Matching of claim of reduction in the output tax liability
Rule 14
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
14. Matching of claim of reduction in the output tax liability
The following details relating to the claim of reduction in output tax liability shall be matched under section 43 after the due date for furnishing the return in FORM GSTR-3:-
(a) GSTIN of the supplier;
(b) GSTIN of the recipient;
(c) credit note number;
(d) credit note date; and
(e) tax amount:
Provided that where the time limit for furnishing FORM GSTR-1 under section 37 and FORM GSTR-2 under section 38 has been extended, the date of matching of claim of reduction in the output tax liability shall be extended accordingly:
Provide

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Claim of input tax credit on the same invoice more than once
Rule 13
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
13. Claim of input tax credit on the same invoice more tha

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Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit
Rule 12
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
12. Communication and rectification of discrepancy in claim of input tax credit and reversal of claim of input tax credit
(1) Any discrepancy in the claim of input tax credit in respect of any tax period, specified in sub-section (3) of section 42 and the details of output tax liable to be added under sub-section (5) of the said section on account of continuation of such discrepancy, shall be made available to the recipient making such claim electronically in FORM GST MIS-1 and to the supplier electronically in FORM GST MIS-2 through the Common

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Final acceptance of input tax credit and communication thereof
Rule 11
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
11. Final acceptance of input tax credit and communication thereof
(1) The final acceptance of claim of input tax credit in respect of any tax period, specified in sub-section (2) of section 42, shall be made available electronically to the registered person making such claim in FORM GST MIS-1 through the Common Portal.
(2) The claim of input tax credi

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Matching of claim of input tax credit
Rule 10
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
10. Matching of claim of input tax credit
The following details relating to the claim of input tax credit on inward supplies including imports, provisionally allowed under section 41, shall be matched under section 42 after the due date for furnishing the return in FORM GSTR-3
(a) GSTIN of the supplier;
(b) GSTIN of the recipient;
(c) invoice or debit note number;
(d) invoice or debit note date; and
(e) tax amount:
Provided that where the time limit for furnishing FORM GSTR-1 specified under section 37 and FORM GSTR-2 specified under section 38 has been extended, the date of matching relating to claim of input tax cr

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Notice to non-filers of returns
Rule 9
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
9. Notice to non-filers of returns
A notice in FORM GSTR-3A shall be issued, electronic

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Form and manner of submission of statement of supplies through an e-commerce operator
Rule 8
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
8. Form and manner of submission of statement of supplies through an e-commerce operator
(1) Every electronic commerce operator required to collect tax at source under section 52 shall furnish a statement in FORM GSTR-8 electronically on the Common Portal, either directly or from a Facilitation Centre notified by the Commissioner,

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Form and manner of submission of return by a person required to deduct tax at source
Rule 7
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
7. Form and manner of submission of return by a person required to deduct tax at source
(1) Every registered person required to deduct tax at source under section 51 shall furnish a return in FORM GSTR-7 electronically through the Common Portal either directly or from a Facilitation Centre notified by the Commissioner.
(2) The deta

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Form and manner of submission of return by an Input Service Distributor
Rule 6
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
6. Form and manner of submission of return by an Input Service Distributor
Every Input Service Distributor shall, on the basis of details contained in FORM GSTR-6A, and where required, after adding, correcting or deleting the details, furnish electronically the return in FORM GSTR-6, containing the details of tax invoices on which credit has bee

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Form and manner of submission of return by non-resident taxable person
Rule 5
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
5. Form and manner of submission of return by non-resident taxable person
Every registered non-resident taxable person shall furnish a return in FORM GSTR-5 electronically through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner, including therein the details of outward supplies and inward supplies

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Form and manner of submission of quarterly return by the composition supplier
Rule 4
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
4. Form and manner of submission of quarterly return by the composition supplier
(1) Every registered person paying tax under section 10 shall, on the basis of details contained in FORM GSTR-4A, and where required, after adding, correcting or deleting the details, furnish the quarterly return in FORM GSTR-4 electronically through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner.
(2) Every registered person furnishing the return under sub-rule (1) shall discharge his liability towards tax, interest, penalty, fees or any other amount paya

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of annual return of the preceding financial year, whichever is earlier.
Explanation. – The person shall not be eligible to avail of input tax credit on receipt of invoices or debit notes from the supplier for the period prior to his opting for the composition scheme.
(5) A registered person opting to withdraw from the composition scheme at his own motion or where option is withdrawn at the instance of the proper officer shall, where required, furnish the details relating to the period prior to his opting for payment of tax under section 9 in FORM GSTR-4 till the due date of furnishing the return for the quarter ending September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is ea

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Form and manner of submission of monthly return
Rule 3
Bill
RETURNS
GST – Returns – Final Draft Rules 3-6-2017
3. Form and manner of submission of monthly return
(1) Every registered person, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017 or an Input Service Distributor or a non-resident taxable person or a person paying tax under section 10 or section 51 or, as the case may be, under section 52 shall furnish a return specified under sub-section (1) of section 39 in FORM GSTR-3 electronically through the Common Portal either directly or through a Facilitation Centre notified by the Commissioner.
(2) Part A of the return under sub-rule (1) shall be electronically generated o

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