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Saturday, February 2, 2019

Services are also eligible for composition levy upto 50 lakhs under GST Act

SERVICES UPTO 50 LAKHS ELIGIBLE FOR COMPOSITION LEVY UNDER GST ACT 2017


The Goods and Services Tax Act, 2017 came into force in India with effect from 1.7.2017.

At the time of introduction of GST Act, 2017 only Goods are eligible for composition option as shown below:

COMPOSITION RATE OF TAX

Sl No.
Category of registered persons
Rate of tax
1
2
3
1
Manufacturers,  other  than 
manufacturers  of  such goods as may be notified by the Government
One per cent.
2
Suppliers making supplies referred 
to in    clause (b) of paragraph 6 of Schedule II
Two and a half per cent.
3.
Any other supplier eligible for composition levy under Section 10 and these rules
Half per cent

The GST Council in its 32nd meeting held on 10.1.2019 has decided to levy GST on certain services under composition scheme and hence the Government has amended Rule 7 of the CGST Rules 2017 and for that purpose the words “goods” is substituted with “goods and services” and in Chapter II, in the heading the words “Composition Rules” were substituted as “Composition Levy”.

The Central Government has also decided to bring certain services under composition levy taxable at the rate of 6% GST i.e. 3% CGST and 3% SGST and the list of services eligible for composition levy yet to be announced and hence rule 7 has been modified well in advance.

The amendment came into force with effect from 1.2.2019.

The relevant notification is given below for ready reference.


[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i)]

Government of India Ministry of Finance (Department of Revenue)
[Central Board of Indirect Taxes and Customs] Notification No. 03/2019 Central Tax

New Delhi, the 29th January, 2019

G.S.R……(E). -  In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government hereby makes the following rules further to amend the Central Goods and Services Tax Rules, 2017, namely:-

1. (1) These rules may be called the Central Goods and Services Tax (Amendment) Rules,
2019.

(2) Save as otherwise provided in these rules, they shall come into force on the first day of
February, 2019.

2. In the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the said rules), in Chapter-II, in the heading, for the words Composition Rules, the words, Composition Levy” shall be substituted.

3. In the said rules, in rule 7, in the Table, against serial number (3), in column (3), for the word goods, the words, goods and services shall be substituted.


[F.No.20/06/16/2018-GST (Pt. II)]




(Gunjan Kumar Verma) Under Secretary to the Government of India




Note:- The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 3/2017-Central Tax, dated the 19th June,2017, published vide number G.S.R 610 (E), dated the 19th  June, 2017 and last amended vide notification  No.  74/2018 -  Central  Tax,  dated  the  31st   December,  2018,  published  vide number G.S.R 1251 (E), dated the 31st December, 2018.


[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i)]

Government of India Ministry of Finance (Department of Revenue)
[Central Board of Indirect Taxes and Customs] Notification No. 05/2019 Central Tax
New Delhi, the 29th January, 2019

G.S.R.           (E).- In exercise of the powers conferred by sub-section (1) of section 10 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No.8/2017 - Central Tax, dated the 27th     June, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 648 (E), dated the 27th June, 2017, namely:-

In the said notification, for the portion beginning with the words “an amount calculated at the rate of and ending with the words half per cent. of the turnover of taxable supplies of goods in State in case of other suppliers, the words and figures, “an amount of tax calculated at the rate  specified  irule 7  of  the  CentraGoods and  Services  TaRules,  2017: shall  be substituted.

2. This notification shall come into force with effect from the 1st day of February, 2019. [F.No.20/06/16/2018-GST (Pt.II)]


(Gunjan Kumar Verma) Under Secretary to the Government of India

Note: - The principal notification No.8/2017- Central Tax, dated the 27th June, 2017, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 648 (E), dated the 27th June, 2017 and was last amended vide notification No.
1/2018-Central Tax, dated the 1st January,2018, published vide number G.S.R 02 (E), dated

the 1st January,2018.

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