Composition Levy Under GST

By Registrationwala

3rd May 2017

 

India being an Independent nation is only a stage behind from receiving the biggest taxation system known as Goods and Service Tax (GST) and that is going to happen most recent by July, 2017 which turns into the greatest expense change in India. It makes one National Tax supplant a huge number of complex ones that contrast from state to state. It will replace most of the local existing local taxes and bring a huge change how indirect taxes are collected.

To help small business tackle the bothers of gathering GST, claiming input tax credit etc the model GST law has proposed a simpler levy known as Composition Levy.

What does Composition Levy under GST means?

Earlier in 2003, an idea was presented in State VAT ACT under which the merchant is required to pay a fixed rate of tax on his pronounced turnover, and no VAT set off/credits would be down the supply chain. The biggest attraction for a merchant then, under that law, was that they were not required to maintain proper book accounts or records of material executed under VAT law. It's implied that in the event that they were keeping up books it was not subject to investigation under the separate VAT laws.

The same concept will be introduced under the GST Law Model and can be opted by those:-

  • With turnover of Rs.50 Lakhs and less (This will optional)
  • Rather than collecting GST you will pay a specific % of levy. This levy or tax will be at least 1% of the turnover of the financial year. The administration will report the levy % in short. Time
  • This levy can't be availed by the individuals who make between state supplies of goods/services. It can be availed by the individuals who make an intra-state supply of goods/services.
  • Since this levy is linked to your Permanent Account Number (PAN) .So on the off chance that you have picked it for a business with a specific PAN, composition levy shall apply to every one of your organizations with a similar PAN
  • No Input Credit shall be allowed to claimed by you
  • GST or some other taxes should not be collected by you from the beneficiary of your provisions.

Essence of composition levy in GST Regime

  • Since this is an optional scheme, a taxpayer has the option to choose it or not
  • This concept deals under Section 8 of model laws
  • Proposes to pay a sum ascertained at recommended rate on the turnover of the assessable individual in lieu of customary expense under GST
  • The rates would be notified by the GST Council but according to reports, the council is thinking about a rate in the scope of 7% to 9%.
  • Consent of legitimate officer of the Central or state government is required for adopting this Scheme.
  • It can be opted by a registered taxable person only
  • For all the taxable individuals the aggregate turnover will be computed on all India basis having the same Permanente Account Number (PAN)
  • Permission under the scheme may be cancelled if the best proper officer has reason to believe (with or without documentary evidence!!!) that:

1. Taxable individual was not eligible under this scheme

2.  Permission granted was incorrectly granted earlier

  • The result of such cancellation is that a taxable individual should wind up paying differential tax (regular tax less composition rate)) and comparable punishment.

What Else do we have to Consider?

Further, from Compliance front, a Composition merchant is required to file a quarterly return according to GSTR-4. In this, he needs to give Invoice insightful subtle elements of his buys including abroad buys of Goods and Capital Goods and all outward supplies summary. Indeed, even under GST, a Taxable individual enrolled under Composition is not required to keep up books of Accounts, and records of the transaction of materials according to the law. In any case, when such a large number of points of interest are required, is the plan in the law the same or is it just an eye wash?

On the off chance that you burrow further, when the composition merchant sell, he either pitches to another composite merchant (whose GSTR-4 moves toward becoming supplies of the vender) or another merchant (whose GSTR-2 turns into his provisions of the dealer). At the end of the day, the books can be remade with points of interest of internal and outward supplies on GSTN frameworks. Does this truly offer the merchant a reprieve and would you be able to get away from the eyes of the taxman whichever way?

So on the off chance that you come to an obvious conclusion, you are required to keep up books of records or more all, are liable to the investigation.

What's more, there are complications and restrictions as:

On the off chance that you select the composition in one state, you have to pick in different states as well.

Limitation to do between state deals (IGST)

Confinement on invert charge buys and so forth.

With every one of these difficulties, a Composition Levy under GST is neither down to earth nor valuable.

 

 

 

Composition Levy Under GST

2017-05-03