Whether Council has powers to grant exemption from payment of taxes

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)

What are the penal consequences if a taxable person violates the conditions prescribed for composition scheme

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)

A taxable person can still pay tax under composition scheme even after the turnover in the current financial year exceeds seventy-five lakh rupees

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)

What is aggregate turnover

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)

Can a customer who buys from a taxable person who is under composition scheme claim composition tax as input credit

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)

Whether a supplier of services is eligible to pay tax under composition scheme

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)