No, there is no such correlated sections in the two Acts.
(ICAI FAQ PUBLICATIONS 06-09-2017 EXEMPTION : FAQ NO. 3)
ॐ असतो मा सद्गमय
No, there is no such correlated sections in the two Acts.
(ICAI FAQ PUBLICATIONS 06-09-2017 EXEMPTION : FAQ NO. 3)
Yes, notification issued under section 11(1) or 11(2) of the CGST Act will be deemed to be issued under the SGST Act / UTGST Act, reference can be taken from section 11(4) of SGST Act and section 8(4) of UTGST Act.
(ICAI FAQ PUBLICATIONS 06-09-2017 EXEMPTION : FAQ NO. 2)
No, the power to grant exemption is vested with the Government. In other words, the Government by notification on the recommendations of the Council may grant exemption from tax generally, either absolutely or subject to such conditions as may be notified from the whole or any part of the tax leviable thereon.
(ICAI FAQ PUBLICATION 06-09-2017 POWER TO GRANT EXEMPTION FROM TAX: FAQ NO. 1)
Following are the consequence for non-compliance with the conditions specified for composition scheme:
1. shall be liable to pay additional taxes at the rates applicable to regular taxable person;
2. shall be liable to penalty; and
3. the amount of tax and penalty shall be recovered in terms of Section 73 or 74of the CGST Act, 2017.
(ICAI FAQ PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO.61)
In terms of Section 10(3), the option availed for paying tax under composition scheme shall lapse with effect from the day on which his aggregate turnover during a financial year exceeds the limit specified i.e. seventy-five lakh rupees. However, the threshold limit for special category states have been kept at ` 50 lakh rupees except Uttarakhand.
(FAQ ICAI PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO. 60)
In terms of Section 2(6) of the CGST Act, 2017, “aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax,Union territory tax, integrated tax and cess;
(FAQ ICAI PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO.59)
No, the recipient is not eligible to take input tax credit of composition tax paid. Moreover, a taxable person paying taxes under composition scheme is not entitled to collect taxes from the recipient in terms of Section 10(4) of the CGST Act, 2017. Accordingly, there does not arise a question for the recipient to claim input tax credit.
(ICAI FAQ PUBLICATIONS 06-09-2017 COMPOSITION LEVY: FAQ NO. 58)
No, a taxable person under composition scheme is not eligible to claim input tax credit.
(ICAI FAQ PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO. 58)
No, a registered person shall not be eligible to opt for the composition scheme unless all such registered persons (branches having separate registration under a single PAN) opt to pay tax under composition scheme.
(ICAI FAQ PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO. 56)
No, a supplier of services is not eligible to opt for composition scheme. However, a supplier supplying composite supply involving supply of service or goods being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption) is eligible to opt for payment of taxes under composition scheme.
(ICAI FAQ PUBLICATION 06-09-2017 COMPOSITION LEVY: FAQ NO. 55)