TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Chapter 5: COMPOSITION LEVY ELIGIBLE PERSONS: Section 10(2) of the CGST Act, 2017 specifies the benefits of composition scheme shall not be granted if a taxable person is: a) Engaged in the supply of services [other than provided vide Sec. 10(1)] b) Engaged in making any supply of goods which are not leviable to tax under this Act c) Engaged in making any inter-state outward supplies of goods d) Engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52 e) A manufacturer of the Ice cream and other edible ice, whether or not containing cocoa, Pan masala, Tobacco and manufactured tobacco substitutes and Aerated Water. f) He is neither Casual Taxable Person nor Non-resident Taxable Person. CONDITIONS AND RESTRICTIONS FOR COMPOSITION LEVY [RULE 5] The person exercising the option to pay tax under section 10 shall comply with the following conditions, namely: a) He is neither Casual Taxable Person nor Non-resident Taxable Person b) The goods held in stock by him have not been purchased from an unregistered supplier and where purchased, he pays the tax under sub-section (4) of section 9; c) He shall pay tax under section (3) or sub-section (4) of section 9 (RCM) on inward supply of goods or services or both; d) He was not engaged in the manufacture of goods as notified under section 10(2)(e) during the preceeding financial year e) He shall mention the words “Composition taxable person, not eligible to collect tax on supplies” at the top of the bill of supply issued by him f) He shall mention “composition taxable person” on every notice on signboard displayed at a prominent place at his principal place of business and at every additional place or places of business. BENEFITS OF COMPOSITION LEVY a) Easier and lesser number of compliances to be followed (returns, maintaining books of record, issuance of invoices, etc.) b) “Bill of Supply” is issued instead of “Tax Invoice” c) Quarterly payment of taxes d) A limited tax liability e) High liquidity as taxes are at a lower rate DISADVANTAGES OF GST a) A limited territory of business, as the dealer is barred from carrying out inter-state transactions b) No input tax credit is available to composition dealers c) The taxpayer will not be eligible to supply non-taxable goods under GST such as alcohol and goods through an e-commerce portal. GST Law Page 1 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair WHEN CAN WE OPT FOR COMPOSITION LEVY? 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 CMP02 must be used to opt into the composition scheme (both supplier of goods and service provider) LIMIT OF TURNOVER (A) FOR GOODS Special Category States: Aggregate Turnover shall not exceed Rs. 75 lacs for Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura and Uttarakhand Rest of India: Aggregate Turnover shall not exceed Rs. 1.5 crore (B) FOR SERVICES / GOODS AND SERVICES Aggregate turnover shall not exceed Rs. 50 lacs Category of registered person Manufacturers Restaurant services and outdoor catering services Any other eligible supplier (trader) Central State/UT Total Basis 0.5% 2.5% 0.5% 2.5% 1% 5% TO in State/ UT TO in State/ UT 0.5% 0.5% 1% Supplier of only services or Mixed suppliers 3% 3% 6% TO of Taxable supplies of Goods and Services in State / UT TO if taxable supplies in State / UT PROBLEMS 1) Determine, whether in following cases, the dealer is eligible for Composition Scheme or not: a) Mr. Rahim is a dealer in who is selling taxable goods, exempted goods and non-taxable goods (i.e. Liquor). His turnover in the preceeding financial year is Rs. 45 lacs, Rs. 10 lacs and Rs. 25 lacs for goods which are leviable to GST, exempted and non-taxable respectively. b) Mr. H registered in Hyderabad, who is selling goods from Telangana to Tamil Nadu. Turnover of Mr. H is Rs. 73 lacs in the preceeding F.Y. c) Mr. H registered in Hyderabad, who is purchasing from Tamil Nadu and selling goods in Telangana. His turnover is Rs. 1 crore in preceeding F.Y. d) Details of Purva textile ltd., a manufacturing concern for F.Y. 2019-20 was as follows: Particulars Amount (Rs.) Intra-state supply of readymade garments in Rajasthan 30,00,000 Inter-state supply of auto-components in Gujarat 35,00,000 Total value of Taxable supplies 65,00,000 e) Mr. A of UP is a supplier of goods. His only customer is a SEZ unit in state of UP. GST Law Page 2 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax f) KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Mr. A is supplier of goods making intra-state supplies. He is registered composition supplier. He obtained as export order. Determine his status as composition dealer, if he accepts the export order offer. g) Peter England is a trader who sells his ready-made clothes online on Amazon India. He received an order for Rs. 12,00,000 in the previous year. Peter England also supplied goods from their own outlets. Aggregate turnover was Rs. 90 lacs. h) Mr. X is in the business of manufacture of Pan Masala. With effect from 1-4-2020, he wants to manufacture biscuits also. His aggregate turnover will not exceeds Rs. 50 lacs (both business). i) M Pvt Ltd. is having business establishment at Agra and Indore, both involved in intra-state supplies. Can they opt for normal registration for Agra branch and composition levy for Indore branch? j) Mr. Sitaram is running a consulting firm and also a readymade garment showroom, registered in same PAN. Turnover of the showroom is Rs. 60 lacs and receipt of the consulting firm is Rs. 12 lacs in the preceeding financial year. k) Sabavala is a painter. He wants to display and sell his paintings in a trade fair organized by Maharashtra govt. He has not sold his paintings earlier. His turnover is not likely to be more than Rs. 15 lacs. Can he opt for composition levy? 2) XYZ Ltd. is a manufacturing concern in Mumbai. It opted for composition in F.Y. 202021. Total value of supplies including inward supplies taxed under RVM are Rs. 90,00,000. Particulars Amount (Rs.) Intra state supplies @ 5% 40,00,000 Intra state supplies @ 12% 10,00,000 Intra state supplies made which are subject to 0% CGST 20,00,000 Intra state supplies which are wholly exempt 10,00,000 Value of inward supplies which is payable under RCM @ 5% 10,00,000 Compute composition tax liability and total tax liability. GST Law Page 3 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Chapter 6: TIME OF SUPPLY • • • • The time of supply fixes the point when the liability to charge GST arises. It also indicates when supply is deemed to have been made. GST act provides separate time of supply for goods and services. The liability to pay tax on goods shall arise o At the time of supply o As determined in accordance with the provisions of this section. Time of supply where tax is payable under forward charges Time of supply of goods (Section 12(2)) • Non-composition Dealer o Date of issue of invoice by supplier or the late date on which he is required to issue the invoice under section 31(1) with respect to the supply. • Composition Dealer Earliest of the following a) Date of issue of invoice by supplier or the late date on which he is required to issue the invoice under section 31(1) with respect to the supply. b) Date on which the supplier receives the payment. (entering the payment in books of accounts or crediting of payment in bank account whichever is earlier) with respect to the supply. General Time limit for Raising Invoice • Before or at the time of o Removal of goods for supply to the recipient, where the supply involves movement of goods or o Delivery of goods or making available thereof to the recipient in any other case. Time of supply of services (Section 13(2)) a) Invoice issued within the time period prescribed under section 31(2) Earlier of the following o Date of issue of invoice by the supplier o Date of receipt of payment (entering the payment in books of account or crediting of payment in bank account whichever is earlier) b) Invoice not issued within the time period prescribed under section 31(2) Earliest of the following o Date of provision of service o Date of receipt of payment (entering the payment in books of accounts or crediting of payment in bank account, whichever is earlier) c) When the above events are uncertainable o Date on which the recipient shows the receipt of services in his books of account. IMPORTANT: Small advances upto Rs. 1,000: where the supplier of taxable service receives an amount upto Rs, 1000 in excess of the amount indicated in the tax invoice the time of supply to the extent of such amount shall at the option of the said supplier be the date of issue of invoice in respect of such excess amount. General time limit for raising invoice Before or after the provision of service but within 30 days. (45 days in case of insurance / banking and financial institutions including NBFC) from the date of supply of service. GST Law Page 4 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax Prof. Nikhil Nair KSD’s MODEL COLLEGE (Autonomous) Time of supply where tax is payable under reverse charge Time of supply of goods (section 12(3)) Earliest of the following 1. Date of receipt of goods or 2. Date of payment as entered in books of accounts of the recipient or the date on which the payment is debited to his books of accounts. 3. 31st from date of issue of invoice time of supply of service (section 13(3)) Earliest of the following 1. Date of payment as entered in the books of accounts of the recipient or the date on which the payment is debited to his bank account whichever is earlier or 2. 61st day from the date of issue of invoice. Important: in both the above cases, where the above events are not ascertainable, the time of supply shall be the date of entry in books of accounts of the recipient of supply. import of service from associated enterprise Date of entry in the books of accounts of the recipients or the date of payment whichever is earlier. Time of supply of vouchers exchangable for goods and services Supply of vouchers exchangeable for goods and services (Sec. 12(4) and 13(4)) 1. Supply of goods and service is identifiable at the time of issue of voucher • Date of issue of voucher 2. Other cases • Date of redemption of voucher. Time of supply of goods and services in Residual cases section 12(5) and 13(5) 1. Where a periodical return is required to be filed • Date of filing such return 2. Other cases • Date of payment of tax Time of supply for addition in value by way of interest/late fee/penalty for delayed payment for consideration • Date on which the supplier receives such additions in value. Change in rate of tax (Sec. 14) This section applies where there is a change in the rate of tax in respect of goods and services or both. This section has overriding effect over section 12 or 13. • • • • • DOI= date of issue of invoice DOS = date of supply of goods or services DOC= date of change in tax rate DOP = date of receipt of payment being earlier of date of payment is entered in books of accounts or date on which credited in bank account. The date of receipt of payment shall be the date of credit in bank account if such credit in bank account is after 4 working days from the date of change in tax rate. Sec. 14 (a)(i) DOS Before DOC DOI After Doc GST Law DOP After Doc TOS is DOP or DOI whichever is earlier Page 5 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) (a)(ii) (a)(iii) (b)(i) (b)(ii) Before Doc Before DOC After DOC After DOC Before Doc After DOC Before DOC Before DOC After Doc Before DOC After DOC Before DOC B(iii) After Doc After DOC Before Doc Prof. Nikhil Nair DOI DOP DOP DOP or DOI whichever is earlier DOI Hint: • If two of three dates (DOS, DOI, DOP) fall one side TOS would lie on that side • TOS would be DOI or DOP only. • If DOP or DOI both fall on same side then TOS = earlier of DOI or DOP. CLASSWORK PROBLEMS: 1. Determine Time of Supply in following independent case as per the provisions of CGST, 2017: Sr. Date on which Goods are available Date of Invoice 1 2 3 4 5 6 7 12-12-2019 17-12-2019 25-12-2019 26-10-2019 18-12-2019 15-01-2020 17-02-2020 15-12-2019 20-12-2019 04-01-2020 16-10-2020 12-12-2019 16-01-2020 13-02-2020 Date of Receipt of Payment 06-11-2019 02-01-2020 23-01-2020 15-10-2020 10-12-2020 05-01-2020 12-02-2020 (Nov. 2018) 2. Determine the Time of Supply in each of the following cases as per the provisions of GST Act. Sr. Date of Removal of Goods Date of Invoice 1 2 3 4 5 15-04-2019 15-05-2019 01-10-2020 04-12-2020 05-02-2021 18-04-2020 14-05-2020 16-10-2020 06-12-2020 10-02-2021 Date of Payment 29-04-2020 16-05-2020 19-10-2020 10-12-2020 08-02-2021 (April. 2019) 3. Determine the Time of Supply in each of the following cases as per the provisions of GST Act. Sr. Date of supply of Service Date of Invoice 1 2 3 4 5 15-06-2019 14-08-2019 11-10-2019 06-02-2020 10-02-2020 20-06-2019 10-08-2019 15-11-2019 08-03-2020 09-03-2020 Date of Payment 29-06-2019 18-08-2019 13-10-2019 19-02-2020 23-03-2020 (Oct. 2019) 4. Determine the Time of Supply in each of the following cases as per the provisions of GST Act. Sr. Date of supply of Service Date of Invoice Date of Payment 1 2 3 16-07-2020 06-10-2020 04-12-2020 19-07-2020 17-11-2020 03-12-2020 24-07-2020 18-11-2020 06-01-2021 GST Law Page 6 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax 4 5 KSD’s MODEL COLLEGE (Autonomous) 10-01-2021 16-02-2021 10-02-2021 28-02-2021 Prof. Nikhil Nair 15-02-2021 18-02-2021 (April. 2019) 5. Determine the Time of Supply in each of the following independent cases in accordance with provisions of CGST, 2017 if recipient is liable to pay tax on reverse charge basis: Date of Invoice Date of receipt of Goods Date of Payment in Books Date when payment debited in Bank account 01-10-2020 01-10-2020 01-10-2020 01-10-2020 05-10-2020 15-10-2020 15-10-2020 15-11-2020 10-10-2020 10-10-2020 12-10-2020 18-11-2020 12-10-2020 12-10-2020 10-10-2020 20-11-2020 6. Determine the time of supply from given information May 4 Supplier invoice goods taxable on reverse charge basis to bridge and co. (30 days from the date of issuance of invoice elapse on June 3) May 12 Bridge & co. receives the goods May 30 Bridge and co. make the payment 7. Determine the time of supply from given information May 4 Supplier invoice goods taxable on reverse charge basis to Pillar and co. (30 days from the date of issuance of invoice elapse on June 3) June 12 Pillar & co. receives the goods July 3 Payment made for goods. 8. Ms Reema purchased a gift voucher from shoppers stop worth Rs. 1,500 on 30/10/2018 and gifted to his friend on 4/11/2018. Her friend encashed the same on 1/01/2019 for purchase a handbag. Determine the time of supply. GST Law Page 7 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Chapter 7: INPUT TAX CREDIT (ITC) Who can take ITC? Every registered person shall be entitled to ITC charged on inward supply of goods and/or services. It should be noted that two branches in different states have different GSTIN and are treated as different entities. Hence, these branches cannot claim ITC of each other. Which input taxes are eligible for ITC? Input tax in relation to a registered person means the IGST, CGST, SGST & UTGST charged on any supply of goods or services or both made to him and includes: a) The integrated goods and services tax charged on imports; b) The tax payable under the provisions of S. 9(3) and 9(4) of the CGST Act, 2017 [reverse charge of CGST]; c) The tax payable under S. 5(3) and 5(4) of the IGST Act, 2017 [reverse charge of IGST]; d) The tax payable under S. 9(3) and 9(4) of the respective SGST Act [reverse charge of SGST]; e) The tax payable under S. 7(3) and 7(4) of UTGST Act [reverse charge of CGST], but does not include the tax paid under the composition levy. Which inputs are eligible for ITC? ITC can be availed on – Goods, Services and Capital goods used or intended to be used by a supplier in the course or furtherance of business. In case of capital goods, it should be noted that the value of CG is capitalized in the books of accounts of person claiming ITC and the value capitalised should be excluding GST paid. [S. 16(3)] Conditions to be fulfilled for availing ITC [S. 16(2)] The registered person will be entitled to ITC on a supply only if ALL the following four main conditions are fulfilled: 1) Has a tax invoice/ debit note/ other prescribed tax paying document. 2) Has received the goods and/ or services 3) The tax charged in respect of such supply has been actually paid to govt. by supplier. (payment by registered person to supplier is not relevant) 4) Has furnished the return under section 39. The following additional conditions also apply – 5) When goods are received in lots, ITC is availed only at the time of receipt of the last lot. 6) The invoice value including tax has been paid to the supplier within 180 days of the date of invoice. (credit sales) Time limit for availing ITC [S. 16(4)] ITC invoices or debit notes pertaining to a financial year can be availed any time till: ➢ The due date of filing of the return for the month of September of the succeeding financial year or ➢ The date of filing of the relevant annual return, ➢ Whichever is earlier For the financial year 2019-20, the last day for claiming ITC pertaining to that period was 20th October 2020 or date of filing annual return (which cannot extend beyond 31st December 2020), whichever is earlier. GST Law Page 8 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Utilisation of ITC under GST RULE 88A: ITC on account of IGST 1st CGST deduction Integrated GST Central GST State/ UT GST SGST/UTGST 2nd Deduction from any above in any order/proportion 1st deduction 2nd Deduction 2nd Not Permitted Deduction Not Permitted 1st deduction Note: IGST credit must be fully exhausted before using any other Input Tax Credit. 1) Govind, a registered supplier, is engaged in providing services in the neighbouring states from his registered office located in Mumbai. He has furnished the following details in respect of the inward and outward supplies made during a tax period: Particulars Rs. Inter-state supply of services 1,80,000 Receipt of goods and services within the state 1,00,000 Assume the rates of taxes to be as under: Particulars Rate CGST 9% SGST 9% IGST 18% Note: a. Both inward and outward supplies are exclusive of taxes, wherever applicable. b. All the conditions necessary for availing the input tax credit have been fulfilled. Compute the net GST payable by Govind during the given tax period. Make suitable assumptions, if required. 2) M/s X Ltd. being a registered person supplying taxable goods in the following manner: Particulars Rs. Intra-state supply of goods 18,00,000 Inter-state supply of goods 13,00,000 Inter-state purchases 13,00,000 Intra-state purchases 1,50,000 ITC at the beginning of the relevant tax period: CGST 1,30,000 SGST 1,30,000 IGST 1,70,000 a. Rate of CGST, SGST & IGST to be 9%, 9% and 18% resp. b. Inward and Outward supplies are exclusive of taxes. c. All the conditions necessary for availing the input tax credit have been fulfilled. Compute the net GST payable by M/s X Ltd. during the tax period. Make suitable assumptions. 3) Govinda has ITC balance brought forward from December CGST – Rs. 12,200, SGST – Rs. 13,100 and IGST – Rs. 11,200. He furnishes the following trade details for the month of January. Value of Supply Particulars 28% 18% 12% 5% Outward Intra-state supply 2,60,000 2,28,000 3,60,000 4,20,000 GST Law Page 9 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Outward Inter-state supply 1,20,000 75,000 Inward Intra-state supply 1,12,000 1,50,000 Inward Inter-state supply 1,90,000 1,60,000 You are required to prepare a statement showing tax payable / ITC carry January. GST Law Prof. Nikhil Nair 1,63,000 1,85,000 3,20,000 3,15,000 1,65,000 1,40,000 forward for the month of Page 10 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair Chapter 8: PAYMENT OF TAX 1) Mr. Naren Kamat is a registered dealer in Maharashtra. He provides following details for the month of October, 2020. Calculate his Net Tax Liability under GST for October 2020 (consider Rule 88A). Excess IGST credit adjusted against CGST and SGST in the ratio of 50:50. Particulars IGST CGST SGST Closing balance in Electronic Credit Ledger as on 30 th Nil 20,000 40,000 September, 2020 Transactions during October 2020 Particulars Sold goods at 12% GST to Pravin at Ghatkopar Sold goods at 18% GST to Suraj in Pune Purchased Goods at 18% GST from Patel in Ahmedabad Provided services at 5% GST to Bharat in Bharuch, Gujarat Provided services at 28% GST to Harish in Andheri Availed services at 12% GST from Vijay, Goregaon Availed services at 28% GST from Shetty, Bangalore 2) Rs. 2,00,000 3,00,000 5,00,000 3,00,000 5,00,000 1,00,000 50,000 Mr. Ravi Shankar is a registered dealer in the state of Maharashtra under GST provides the following information about his business for the month of August, 2020 details of Electronic Credit Ledger are as follows: Particulars IGST CGST SGST Opening balance in Electronic Credit Ledger as on 1 st 5,000 6,000 7,000 August, 2020 Input tax credit available on Inward supplied during the 9,000 13,000 13,000 month of August, 2020 The following details about various transactions for the month of August 2020 are also provided: Date Particulars GST rate Rs. 05-08-20 Sold goods to a customer in Mumbai 18% 88,000 11-08-20 Sold goods to a customer in Solapur 12% 75,000 18-08-20 Sold goods to a customer in New Delhi 5% 66,000 20-08-20 Consultancy charges for services provided in 12% 1,23,000 Kolhapur 22-08-20 Services charges for service provider in Thane 5% 1,15,000 25-08-20 Professional service charges received for services in 12% 56,000 Mahabaleshwar 28-08-20 Sold goods to a customer in Haryana 18% 2,35,000 31-08-20 Sold goods to a customer in Silvassa 5% 1,28,000 Compute Net tax Liability of Mr. Ravi Shankar for the month of August, 2020. 3) Mr. Alok, a registered dealer in Maharashtra, provides the following details for the month of March, 2021. Calculate the Net Liability under the GST Act: Opening balance in Electronic Credit Ledger: IGST – Rs. 75,000, CGST – Rs. 10,000, SGST – Rs. 10,000 Particulars Rs. Sold goods of Pradeep in Mysore (Karnataka) 1,50,000 Sold goods of M/s Anil and Co. in Pune (Maharashtra) 2,00,000 Purchased goods from Vinod & Co. from Sangli (Maharashtra) 60,000 Services availed from a consultancy firm in Surat (Gujarat) 1,00,000 Purchased goods from Jayant and Co. from Mumbai (Maharashtra) No Tax Invoice has been received 50,000 Note: GST Law Page 11 of 12 TYB Com Sem VI Indirect MTC PVT LTD. Tax KSD’s MODEL COLLEGE (Autonomous) Prof. Nikhil Nair 1) All amounts are exclusive of GST 2) Rates of IGST – 12%, SGST – 9%, CGST – 9%. 4) M/s Winwin Ltd. a registered dealer in the state of Maharashtra, provides the following the month of February, 2021. Calculate the Net Liability under the GST Act. Opening balance in Electronic Credit Ledger: IGST – Rs. 2,000 & SGST – Rs. 5,000. Particulars Sold goods of Mr. Ashok in Patiala (Punjab) Sold goods of M/s Vinay and Co. in Virpur (Gujarat) Purchased goods from Ms. Mona from Dibrugarh (Assam) Services availed from a consultancy firm in Katra (J&K) Purchased goods from Mr. Kishanlal, from Amritsar (Punjab). The Tax Invoice was received. However, the goods were not received. Note: a) All amounts are exclusive of GST Rates of IGST – 12%, SGST – 9%, CGST – 9%. GST Law details for Rs. 2,00,000 4,00,000 1,00,000 1,00,000 50,000 Page 12 of 12