What are Composition Scheme Rules under GST?

The composition scheme rules under GST outline procedural compliance with respect to the intimation for the composition scheme, the date of levy, conditions, restrictions and validity on the levy, and tax rate. 

Intimation of Composition levy

For existing registrants under the pre-GST era

Individuals who possess provisional registration under VAT Act, Service Tax, Central Excise laws, etc. and have chosen composition levy must file an electronic intimation in GST CMP-01 form with a signature before or within 30 days from the appointed date. If they fail to file the intimation within the timeframe, they won’t be able to collect taxes. 

Additionally, a bill of supply (GST CMP-03 form) must also be filed within 60 days of filing the intimation. The following details must be provided in this form:

• Stock information

• Inward supply of goods received from unregistered individuals held on the day before the option is exercised.

People who are new registrants under GST

Individuals applying for a new registration under the scheme must file an intimation in FORM GST REG-01.

For registered individuals switching to the Composition Scheme

Individuals who are already registered under GST but opt to pay taxes under the Composition Scheme must follow these steps:

• File an intimation in FORM GST CMP-02 for exercising the option

• Submit a statement in FORM GST ITC-3 with information on input tax credits related to inputs in stock and inputs contained in semi-finished or finished goods within 60 days of the relevant financial year's commencement.

Effective Date for Composition Levy

The option to pay taxes under the Composition Scheme will become effective as follows:

• For existing registrants under the pre-GST regime: On the appointed day

• For individuals switching to the Composition Scheme: Upon the filing of the Intimation in FORM GST CMP-02.

• For new registrants under GST: The option to pay taxes under the Composition Scheme will be effective from the date of grant of registration if the application for registration is submitted within 30 days from the date the individual becomes liable for registration.

Composition Levy Requirements and Limitations

1. A non-resident or casual taxable person is not permitted to avail composition scheme.

2. He may not purchase the items he has in store on the designated day from a location outside his state. Therefore, the items shouldn't be categorised as:

   • Interstate purchase

   • Imported goods

   • The branch is located outside the state

   • The principal is situated outside the state

3. Tax must be paid, or no stock can be held when taxpayers deal with unregistered individuals.

4. Invoices must display the phrase "Composition Taxable Person, not eligible to collect tax on supplies." 

5. The words "Composition Taxable Person" must be prominently displayed on all notices and signboards. 

6. The individual is not a manufacturer of goods that the government has notified during the preceding fiscal year

Validity of Composition levy

The validity of the composition levy depends on the following:

1. As long as a registered person meets all of the requirements outlined in section 10 and by these regulations, their choice to pay tax under that section will remain valid.

2. The person referred to in sub-rule (1) shall be liable to pay taxes under sub-section (1) of section 9 as of the day he fails to satisfy any of the conditions mentioned in section 10 or the provisions of this Chapter. He shall issue a tax invoice for any taxable supplies made after that date, and he shall also file an intimation for withdrawal from the scheme in FORM GST CMP-04 within 7 days of such event.

3. Before the withdrawal date, the registered person who wishes to leave the composition scheme must submit an application in Form GST CMP-04, signed or verified electronically with a verification number.

4. If the authorised officer has reason to suspect that the registered person was ineligible to pay tax under section 10 or has violated the Act's or this Chapter's rules, he may send that person a notice in the form GST CMP-05 asking them to explain their actions within fifteen days of receiving the notice as to why the option to pay tax under section 10 should not be rejected.

5. The authorised officer must issue an order in FORM GST CMP-07 within 30 days of receiving the registered person's FORM GST CMP-06 reply to the show cause notice issued under sub-rule (4), either acknowledging the reply or rejecting the option to pay tax under section 10 from the date of the option or from the date of the event concerning such contravention, as the case may be.

6. A person who has provided notification under sub-rule (2), filed a withdrawal application under sub-rule (3), or received an order to withdraw the option in FORM GST CMP-07 under sub-rule (5) may file a statement in FORM GST ITC-01 electronically at the common portal or through a Commissioner-notified Facilitation Centre. The statement should include information about the input and semi-finished/finished goods stock held on the day the option is withdrawn or rejected. The filing must be completed within 30 days of the date of option withdrawal or order issued in FORM GST CMP-07.

7. An intimation or withdrawal application under sub-rule (2) or (3), or denial of the option to pay tax under section 10 as per sub-rule (5) for any place of business in a state or union territory, will be considered as an intimation for all other places of business registered under the same Permanent Account Number.

Tax Rate

Compliance with Composition Scheme Rules under GST

Following the due date for submitting such forms, the Composition Scheme Rules under GST require the submission of various forms intended for various purposes.

All of the above documents must be properly filled out, signed, and submitted electronically via Common Portal, either directly or through a Facilitation Center that the Commissioner has informed.

Conclusion

Any person who chooses the plan is assumed to have chosen all the businesses with the same registered PAN. As a result, you cannot select any business location to register under the scheme. The GST composition scheme rules are intended to be severe and clear for anyone utilising the composition scheme.