Determine whether the suppliers in the following cases are eligible for composition levy, under section 10(1) & 10(2) of the CGST Act, 2017,…
CA Intermediate · Taxation · MTP · January 2025
Determine whether the suppliers in the following cases are eligible for composition levy, under section 10(1) & 10(2) of the CGST Act, 2017, provided their turnover in preceding year does not exceed - 1.5 crore: (i) Shyam Enterprises is engaged only in trading of pan masala in Rajasthan and is registered in the same State. (ii) Sahaj Manufacturers has registered offices in Punjab and Haryana and sells goods manufactured by it in the neighbouring States.
Suggested Answer and Working Notes:
(i) Shyam Enterprises is engaged only in trading of pan masala in Rajasthan and is registered in the same State. A supplier engaged in the manufacture of notified goods during the preceding financial year is not eligible for composition scheme under section 10 (1) and 10 (2) of the CGST Act, 2017. Ice cream and other edible ice, whether or not containing cocoa, Pan masala, Tobacco and manufactured tobacco substitutes, aerated waters, fly ash bricks, fly ash aggregate, fly ash blocks, bricks of fossil meals or similar siliceous earths, building bricks, earthen or roofing tiles are notified under this category. However, in the given case, since Shyam Enterprises is engaged in trading of pan masala and not manufacture and his turnover does not exceed - 1.5 crore, he is eligible for composition scheme subject to fulfilment of specified conditions. (ii) Sahaj Manufacturers has registered offices in Punjab and Haryana and sells goods manufactured by it in the neighbouring States. Since supplier of inter-State outward supplies of goods or services is not eligible for composition levy, Sahaj Manufacturers is not eligible for composition levy.
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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