What Goods and Services Are Not Eligible for the GST Composition Scheme?

The GST Composition Scheme is designed to simplify tax compliance for small businesses, but certain exclusions exist based on health concerns, tax policy, and fairness. Understanding these exclusions helps businesses determine if they qualify. This blog explores which goods and services are not eligible for the same.

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    Overview of the GST Composition Scheme

    The GST Composition Scheme is a simplified tax option for small taxpayers with a turnover of up to Rs. 1.5 Cr (Rs. 75 lakhs in the case of Uttarakhand and 7 Northeastern States). It aims to reduce compliance costs and simplify tax payments for small businesses.

    Under the scheme, eligible taxpayers pay tax at a prescribed rate on their turnover every quarter instead of the applicable GST rate. The scheme is optional and provides a simpler tax structure.

    The rate of tax under the GST Composition Scheme rules depends on the type of business –

    • For manufacturers (excluding certain goods like ice cream, pan masala, tobacco, etc.), the rate is 2% (1% Central tax + 1% State tax) of the turnover.
    • For restaurant services, the rate is 5% (2.5% Central tax + 2.5% State tax) of the turnover.
    • For traders or any other supplier eligible for the composition levy, the rate is 1% (0.5% Central tax + 0.5% State tax) of the turnover.

    Why are Certain Goods and Services Excluded?

    Some goods and services are not subject to the GST Composition Scheme to protect the tax system’s integrity and prevent its exploitation. Such exclusions apply to products that have shown a higher possibility of tax evasion or to goods and services that require additional regulation due to public health or safety concerns.

    The government’s move to exclude these goods and services is essential for retaining the scheme’s focus on small businesses. Indeed, such businesses generally handle less complex operations and are the most exposed to potential revenue loss. Thus, the tax system becomes fairer through the exclusion of certain goods and services from the GST Composition Scheme.

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    Eligibility Criteria for the GST Composition Scheme

    A registered person whose aggregate turnover in the preceding financial year is not more than Rs. 1.5 crore (in the case of supply of goods) and Rs. 50 lakh (dismissal of services or mixed supply of goods and services) can opt to pay tax under the composition scheme.

    But in a few states, the turnover limit is only Rs. 75 lakh. The states where the lower limit applies are:

    • Arunachal Pradesh
    • Assam
    • Manipur
    • Meghalaya
    • Mizoram
    • Nagaland
    • Sikkim
    • Tripura
    • Himachal Pradesh

    This scheme is designed to help small businesses by simplifying the tax payment process and reducing compliance costs.

    Goods Not Eligible for the GST Composition Scheme

    Some goods are not eligible for this scheme. These exclusions are based on health concerns, tax policy objectives, and the need to prevent unfair advantages. These certain goods are:

    1. Goods like Ice Cream, Pan Masala, and Tobacco: These products are associated with significant health risks and are heavily taxed under GST to discourage consumption.
      Allowing such goods under the composition scheme would reduce the effectiveness of this tax policy.
    2. High-value goods or services: Some high-value goods and services, such as luxury items or those with complex supply chains, are excluded. This is to ensure that businesses paying lower taxes under the composition scheme don’t have an unfair advantage over regular taxpayers.

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    Services Not Eligible for the GST Composition Scheme

    Taxpayers providing services, except for restaurant services, are not eligible for the composition scheme. The composition scheme does not cover the service sector as a whole, meaning businesses offering taxable services cannot benefit from this simplified tax option. The following services precisely are not eligible:

    • Service providers engaged in inter-state supplies
    • Casual taxable persons offering services
    • Non-resident taxable persons providing services
    • Providers of non-taxable services under the GST law
    • Service providers exceed the turnover threshold for the composition scheme
    • Businesses provide services through an e-commerce operator

    Implications of IneligibilityImplications of Ineligibility

    The implications of ineligibility for the GST Composition Scheme can significantly impact businesses, including loss of input tax credit and sales restrictions. Let’s discuss this further –

    Loss of Input Tax Credit

    Buyers from composition scheme taxpayers cannot claim input tax credits on taxes paid, leading to price distortion and cascading effects. This results in higher costs for customers and businesses.

    Inter-State Sales Restrictions

    Taxpayers opting for the composition scheme GST cannot engage in inter-state sales or exports. They are restricted to intra-state transactions only, limiting their market reach.

    Inability to Collect Tax

    Taxpayers under the composition scheme are not allowed to collect taxes from buyers. They also cannot issue tax invoices; instead, they pay the tax themselves.

    Less Preferred by Registered Persons

    Due to the lack of input tax credit, registered businesses generally avoid purchasing from composition scheme dealers, resulting in price distortion and higher costs.

    Non-Eligibility to Supply Exempt Goods

    Suppliers of exempt goods cannot opt for the composition scheme as they fall outside its scope.

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    Ineligibility to Supply Goods via E-Commerce

    Taxpayers supplying goods through e-commerce platforms cannot use the composition scheme, restricting their ability to sell on these platforms.

    How to Opt for the GST Composition Scheme?

    The following are the steps to begin this process:

    1. Log into the GST portal (https://www.gst.gov.in/) using your registered ID and password.
    2. Navigate to “Services” and select “Registration” from the drop-down menu.
    3. Next, select the option labeled “Application to opt for composition levy.”
    4. Carefully read the scheme’s terms and check the box for confirmation.
    5. Next, fill in the “Place” and “Name of authorising signatory” boxes with the appropriate options from the drop-down menu and save them.
    6. If required, refer to official guidelines or consult a tax professional for clarification on your eligibility.
    7. If eligible, proceed with the application process as directed on the portal.

    Conclusion

    Understanding the exclusions under the GST Composition Scheme is vital for businesses to ensure compliance and avoid penalties. BUSY simplifies tracking eligible goods, turnover, and compliance, ensuring businesses can focus on operations while adhering to GST regulations.

    Additionally, understanding the difference between composition and regular GST helps businesses choose the most suitable scheme based on their needs. BUSY ensures businesses comply with the scheme.

    Frequently Asked Questions

    • Which goods are excluded from the GST composition scheme?
      Due to health risks, goods like ice cream, tobacco, and pan masala are excluded from the GST composition scheme.
    • Why are some goods not eligible for the composition scheme in GST?
      Some goods are excluded to maintain tax fairness, prevent misuse, and ensure businesses pay appropriate taxes based on complexity.
    • Can service providers opt for the GST composition scheme?
      Except for restaurant services, service providers cannot opt for the GST composition scheme under GST’s current regulations.
    • What is the turnover limit for the composition scheme?
      The turnover limit for the composition scheme is Rs. 75 lakhs (Rs. 50 lakhs in certain states for goods).
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