Goods and Service Tax

Unit 2
 Goods and Service Tax
• Goods and Services Tax (GST) is the tax levied when a consumer buys a good or service.
It is proposed to be a comprehensive indirect tax levy on manufacture, sale and
consumption of goods as well as services. GST aims at replacing all indirect levied on
goods and services by the Indian Central and State governments (except custom). GST
has subsumed all indirect taxes that existed before 2017.
• Before the introduction of GST we had various indirect tax levied and collected by centre
and state on different items which were very complex and many a times end user has to
pay tax on the tax which has led to the cascading effect and increased price of goods and
services. Because of cascading effect the burden of the pocket of final consumer has
increase. On the other hand, GST has subsumed all these taxes and created a simple
network of single tax.
• After 101st constitutional Amendment Act, 2016 both centre and sate simultaneously
charges taxes on both goods and services. This has removed the cascading effect and help
in reducing the burden on the pockets of the end user. Definition of Goods and Services
tax is provided in Constitution of India.
 Problems of the older tax regime are as follows:

• Multiplicity and complexity Central and State indirect taxes.

• There was no comprehensive input tax system. It was very difficult to claim input tax credit in the
older regime.
• Due to levy of multiple indirect taxes on one another like levy of VAT on excise duty and Service
tax there exist a cascading effect of tax which will led to the increase of cost of goods and
services.
• Since GST is the destination based tax, it helped in removing economic distortions and bringing
about development of a common national market.
• The procedural cost is also reduced due uniform accounting to be maintained for all type of taxes.
• Many businesses create depot and godown in different states only because there is different in tax
rates but after GST has come this difference has vanished thereby helping the businesses.
• GST is a self regulating tax which has led to the decrease in “black” transaction and increase the
transparency.
 Journey Of GST in India:
1974 Report of LK Jha committee which suggested introduction of VAT system.
1986 Introduction of restricted VAT - “MODVAT”
1991 Chelliah committee report recommended: VAT /GST implementation
1994 Introduction of service tax
1999 Empowered Committee formation on State VAT
2000 Introduction of Uniform floor state tax rates and abolition tax related incentive granted by state government
2003 Haryana to become first state to implement VAT
2005-06 Implementation of VAT by most of State of India
2007 Finance Minister talked about GST for the first time in his Budget speech
2008 Empowered Committee rolls out GST structure of taxation system
2009 April 2010 has been proposed as the date of implementation of GST
2010 Probable GST rates were discussed by the Finance Minister and Department of Revenue Committee
2011 Kelkar committee was created to lay down a Road Map for GST and 115 th Constitutional Amendment Bill was introduced in the Parliament
2012 Negative list regime for service tax was implemented
2013 Parliamentary standing committee submitted its report om the bill
2014 115th Constitutional Amendment Bill Lapsed and reintroduced as 122 nd Constitutional Amendment Bill
2016 122nd constitutional amendment bill was passed by the Parliament and got the assent of president to become 101 st Constitutional Amendment Act,
2016

2017 1st July 2017 GST was introduced in India and old regime was scrapped.
 Objective of implementing GST
• Reduce the cascading effect of taxes.
• Ensuring simplicity and removing the multiple registration by single registration.
• Ensuring input tax credit.
• Reduce compliance cost.
• Transparent and corruption free infrastructure.
• Uniformity in the tax regime.
• Broaden the tax base
• Bring down inflation
Major taxes before GST
 Meaning of GST
• Definition of Goods and Services tax is provided in Constitution of India under article
366(12A).
• Article 366 (12A) defined Goods and Service Tax as introduced by 101st Constitutional
Amendment Act, 2016.
“Goods and services tax” means any tax on supply of goods, or services or both
except taxes on the supply of the alcoholic liquor for human consumption.”
 GST Law in India
• GST in India is governed by three Acts passed by parliament and state
government:

INTEGRATED GST
ACT, 2017

STATE GST ACT

CENTRAL GST
ENACTED BY
ACT, 2017 DIFFERENT STATES

GST LAW IN INDIA

 Central Goods and Service Tax (CGST) :

• The Central GST (CGST) has replaced the central excise duty and service tax. CGST also
cover sale transactions. The 101st Constitutional Amendment Act, 2016 inserted
provisions to enable Centre to tax sales. The Central Government administered CGST.
The CENVAT credit balance available under CENVAT Credit Rules with the manufacture
or service provider, as on the date of transition into GST, could be carried forward. In
respect of tax paid goods in stock as on the date of transition credit not availed in the past
or not eligible at that point of time, available under GST could also be availed and used
towards disbursing CGST (Central GST) liability.
• Under new tax Law, there are time bound transition provisions for carry forward of credit
availed prior to introduction of GST. The declaration of closing stock as on the date of
transition to claim credits, which were not earlier captured, was also time bound.
 State Goods and Service Tax (SGST)
State GST has subsume State VAT, Entry tax, Octroi, Luxury tax, etc. Now
SGST is levied on services as well, the Constitutional Amendment Act, 2016
contains suitable provisions for that. State Governments administered SGST.
The SGST payable could be set off from the SGST credit or the IGST credit.
Subject to certain conditions, the closing input VAT balance available under VAT
Act is available to the dealer, as on the date of transition into GST, and could be
set off towards SGST liability. Further, it is expected that the duty and tax paid
on closing stock is available as credit, which might not have been claimed as set
off in the old VAT regime.
 Inter-State Goods and Service Tax (IGST)
• IGST is levied on supplies of goods and services in the course of inter-
state transaction. IGST would be applicable to import of goods or
services also. It is collected by centre and appropriated between both
centre and state of destination
 GST Council
• GST Council- GST Council is constitutional body under art.279A of the constitution.
• Its main objective is to make recommendations to the Union and State Government on the
issues related to GST.
• It was constituted by the President on 16th September, 2016 (art. 279 states it needs to be
established within 60 days from the date of commencement of 101st constitutional
amendment.)
• The GST Council Secretariat was located at at New Delhi.
• It is comprised of -
the Union Finance Minister................................................................ Chairperson;
the Union Minister of State in charge of Revenue or Finance................. Member;
the Minister in charge of Finance or Taxation or any other
Minister nominated by each State Government...................................... Members.
cont...
• At present it has 33 members. Members of GST Council may choose one of the Members
as the Vice-Chairperson.
• The half of total members constitutes quorum.
• Decisions in the council is taken by majority of 75% of weighted votes of members
present & voting.(u/art. 279A(9))
• Weightage of votes: 1. Centre – One-third 2. States – Two-third GST Council.
• Under art. 279A(11): The GST Council shall establish a mechanism to adjudicate any
dispute arising out of its recommendations or implementation thereof —  between the
Government of India and one or more States; or between the Government of India and
any State or States on one side and one or more other States on the other side; or 
between two or more State.
 The Goods and Services Tax Council shall make
recommendations to the Union and the States on following
matter
• the taxes, cesses and surcharges levied by the Union, the States and the local bodies which may be subsumed
in the goods and services tax;
• the goods and services that may be subjected to, or exempted from the goods and services tax;
• model Goods and Services Tax Laws, principles of levy, apportionment of Goods and Services Tax levied on
supplies in the course of inter-State trade or commerce under article 269A and the principles that govern the
place of supply;
• the threshold limit of turnover below which goods and services may be exempted from goods and services
tax;
• the rates including floor rates with bands of goods and services tax;
• any special rate or rates for a specified period, to raise additional resources during any natural calamity or
disaster;
• special provision with respect to the States of Arunachal Pradesh, Assam, Jammu and Kashmir, Manipur,
Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, Himachal Pradesh and Uttarakhand; and
• any other matter relating to the goods and services tax, as the Council may decide.
Administration (Chapter II)
 Officers under this Act(section3)
The Government shall, by notification, appoint the following classes of officersfor the purposes of this Act, namely:––
(a) Principal Chief Commissioners of Central Tax or Principal Directors General of CentralTax,
(b) Chief Commissioners of CentralTax or Directors General of CentralTax,
(c) Principal Commissioners of Central Tax or Principal Additional Directors General of CentralTax,
(d) Commissioners of Central Tax or Additional Directors General of Central Tax,
(e) Additional Commissioners of Central Tax or Additional Directors of CentralTax,
(f) Joint Commissioners of CentralTax or Joint Directors of Central Tax,
(g) Deputy Commissioners of Central Tax or Deputy Directors of Central Tax,
(h) Assistant Commissioners of Central Tax or Assistant Directors of Central Tax,and
(i) any other class of officers as it may deem fit:
• Provided that the officers appointed under the Central Excise Act, 1944 shall be deemed to be the officers appointed
under the provisions of this Act.
 Appointment of Officers(sec.4)
(1) The Board may, in addition to the officers as may be notified by the Government under
section 3, appoint such persons as it may think fit to be the officers under this Act.

(2) Without prejudice to the provisions of sub-section (1), the Board may, by order,
authorise any officer referred to in clauses (a) to (h) of section 3 to appoint officers of
central tax below the rank of Assistant Commissioner of central tax for the administration of
this Act
Powers of officers under GST(sec.5)
• (1) Subject to such conditions and limitations as the Board may impose, an
officer of central tax may exercise the powers and discharge the duties
conferred or imposed on him under this Act.
• (2) An officer of central tax may exercise the powers and discharge the duties
conferred or imposed under this Act on any other officer of central tax who is
subordinate to him.
• (3) The Commissioner may, subject to such conditions and limitations as may
be specified in this behalf by him, delegate his powers to any other officer who
is subordinate to him.
• (4) Notwithstanding anything contained in this section, an Appellate Authority
shall not exercise the powers and discharge the duties conferred or imposed
on any other officer of centraltax.
Authorisation of officers of State tax or Union territory tax
as proper officer in certain circumstances(sec.6)
(1)The officers appointed under the SGST Act or the UGST Act are authorised to be the proper
officers for the purposes of this Act, subject to such conditions as the Government shall, on the
recommendations of the Council, by notification, specify.
(2) Subject to the conditions specified in the notification issued under sub-section (1):
(a) where any proper officer issues an order under this Act, he shall also issue an order under the
SGST Act or the UTGST Act, under intimation to the jurisdictional officer of State tax or Union
territory tax;
(b) where a proper officer under the SGST Act or UTGST Act has initiated any proceedings on a
subject matter, no proceedings shall be initiated by the proper officer under this Act on the same
subject matter.
(3) Any proceedings for rectification, appeal and revision, wherever applicable, of any order passed
by an officer appointed under this Act shall not lie before an officer appointed under the State Goods
and Services Tax Act or the Union Territory Goods and Service Act.
REGISTRATION (Chapter VI)
 Persons liable for registration (sec.22)
(1) Every supplier shall be liable to be registered under this Act in the State or Union territory, other than special
category States, from where he makes a taxable supply of goods or services or both, if his aggregate turnover in a
financial year exceeds twenty lakh rupees:
• Provided that where such person makes taxable supplies of goods or services or both from any of the special
category States, he shall be liable to be registered if his aggregate turnover in a financial year exceeds ten lakh
rupees
(2) Every person who, on the day immediately preceding the appointed day, is registered or holds a licence under an
existing law, shall be liable to be registered under this Act with effect from the appointed day.
(3) Where a business carried on by a taxable person registered under this Act is transferred, whether on account of
succession or otherwise, to another person as a going concern, the transferee or the successor, as the case may be, shall
be liable to be registered with effect from the date of such transfer or succession.
(4) In a case of transfer pursuant to sanction of a scheme or an arrangement for amalgamation or, as the case may be,
demerger of two or more companies pursuant to an order of a High Court, Tribunal or otherwise, the transferee shall be
liable to be registered, with effect from the date on which the Registrar of Companies issues a certificate of
incorporation giving effect to such order of the High Court orTribunal.
 Persons not liable for registration (sec.23)
• (1) The following persons shall not be liable to registration, namely:––
(a) any person engaged exclusively in the business of supplying goods or services or
both that are not liable to tax or wholly exempt from tax under this Act or under the
Integrated Goods and Services Tax Act;
(b) an agriculturist, to the extent of supply of produce out of cultivation of land.
• (2) The Government may, on the recommendations of the Council, by notification,
specify the category of persons who may be exempted from obtaining registration
under this Act.
 Compulsory registration in certain cases
(sec.24)
(1) The following categories of persons shall be required to be registered under this Act,––
(i) persons making any inter-State taxable supply;
(ii) casual taxable persons making taxable supply;
(iii) persons who are required to pay tax under reverse charge;
(iv) person who are required to pay tax under sub-section (5) of section 9;
(v) non-resident taxable persons making taxable supply;
(vi) persons who are required to deduct tax under section 51, whether or not separately registered under this Act;
(vii) persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an
agent or otherwise;
(viii) Input Service Distributor, whether or not separately registered under this Act;
(ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of sec. 9, through
such electronic commerce operator who is required to collect tax at source u/s. 52;
(x) every electronic commerce operator [who is required to collect tax at source under section 52
(xi) every person supplying online information and database access or retrieval services from a place outside India to a
person in India, other than a registered person; and
(xii) such other person or class of persons as may be notified by the Government on the recommendations of the Council.
 Procedure for registration (sec. 25)
(1) Every person who is liable to be registered under section 22 or section 24 shall apply for registration in every
such State or UT in which he is so liable within thirty days from the date on which he becomes liable to
registration, in such manner and subject to such conditions as may be prescribed:
• Provided that a casual taxable person or a non-resident taxable person shall apply for registration at least five
days prior to the commencement of business:
• [Provided further that a person having a unit, as defined in the Special Economic Zones Act, 2005, in a SEZ or
being a SEZ developer shall have to apply for a separate registration, as distinct from his place of business
located outside the SEZ in the same State or Union territory.
• Explanation.—Every person who makes a supply from the territorial waters of India shall obtain registration in
the coastal State or Union territory where the nearest point of the appropriate baseline is located.
(2) A person seeking registration under this Act shall be granted a single registration in a State or UT.
(3) A person, though not liable to be registered under section 22 or section 24 may get himself registered
voluntarily, and all provisions of this Act, as are applicable to a registered person, shall apply to such person.
(4) A person who has obtained or is required to obtain more than one registration, whether in one State or Union
territory or more than one State or Union territory shall, in respect of each such registration, be treated as distinct
persons for the purposes of this Act
cont...
(5) Where a person who has obtained or is required to obtain registration in a State or Union territory in respect of
an establishment, has an establishment in another State or Union territory, then such establishments shall be
treated as establishments of distinct persons for the purposes of this Act.
(6) Every person shall have a PAN issued under the Income- tax Act, 1961 in order to be eligible for grant of
registration.
(6A) Every registered person shall undergo authentication, or furnish proof of possession of Aadhaar number, in
such form and manner and within such time as may be prescribed (if adhar no not assigned then alternate means
of identification is used for the purpose of authentication)
(6B) On and from the date of notification, every individual shall, in order to be eligible for grant of registration,
undergo authentication, or furnish proof of possession of Aadhaar number, in such manner as the Government
may, on the recommendations of the Council, specify.
(6C) On and from the date of notification, every person, other than an individual, shall, in order to be eligible for
grant of registration, undergo authentication, or furnish proof of possession of Aadhaar number of the Karta,
Managing Director, whole time Director, such number of partners, Members of Managing Committee of
Association, Board of Trustees, authorised representative, authorised signatory and such other class of persons, in
such manner, as the Government may, on the recommendations of the Council, specify.
cont...
(6D) The provisions of sub-section (6A) or sub-section (6B) or sub-section (6C) shall not apply to such person
or class of persons or any State or Union territory or part thereof, as the Government may, on the
recommendations of the Council, specify by notification.
(7) Notwithstanding anything contained in sub-section (6), a non-resident taxable person may be granted
registration under sub-section (1) on the basis of such other documents as may be prescribed.
(8) Where a person who is liable to be registered under this Act fails to obtain registration, the proper officer
may, without prejudice to any action which may be taken under this Act or under any other law for the time
being in force, proceed to register such person in such manner as may be prescribed
(9) Notwithstanding anything contained in sub-section (1),––
(a) any specialised agency of the United Nations Organisation or any Multilateral Financial Institution and
Organisation notified under the United Nations (Privileges and Immunities) Act, 1947, Consulate or Embassy
of foreign countries; and
(b) any other person or class of persons, as may be notified by the Commissioner,
shall be granted a Unique Identity Number in such manner and for such purposes, including refund of taxes on
the notified supplies of goods or services or both received by them, as may be prescribed
cont..
• (10) The registration or the Unique Identity Number shall be granted or rejected after due
verification in such manner and within such period as may be prescribed.
• (11) A certificate of registration shall be issued in such form and with effect from such
date as may be prescribed.
• (12) A registration or a Unique Identity Number shall be deemed to have been granted
after the expiry of the period prescribed under sub-section (10), if no deficiency has been
communicated to the applicant within that period.
 Deemed registration (sec.26)
(1) The grant of registration or the Unique Identity Number under the SGST Act or the
UTGST Act shall be deemed to be a grant of registration or the Unique Identity Number
under this Act if the application for registration or the Unique Identity Number has not been
rejected under this Act within the time specified in sub-section (10) of section 25.
(2) Notwithstanding anything contained in sub-section (10) of section 25, any rejection of
application for registration or the Unique Identity Number under the State Goods and
Services Tax Act or the Union Territory Goods and Services Tax Act shall be deemed to be a
rejection of application for registration under this Act.
 Amendment of registration(sec. 28) in such form and
manner as given in Rule 19 of CGST Rules 2017
(1) Every registered person and a person to whom a Unique Identity Number has been assigned
shall inform the proper officer of anychanges in the information furnished at the time of
registration or subsequent thereto, in such form and manner and within such period as may be
prescribed.
(2) The proper officer may, on the basis of information furnished under subsection (1) or as
ascertained by him, approve or reject amendments in the registration particularsin such manner
and within such period as may be prescribed:
• Provided that approval of the proper officer shall not be required in respect of amendment of
such particulars as may be prescribed:
• Provided further that the proper officer shall not reject the application for amendment in the
registration particulars without giving the person an opportunity of being heard.
(3) Any rejection or approval of amendments under the State Goods and Services Tax Act or the
Union Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a
rejection or approval under this Act.
 Cancellation or suspension of registration
(sec.29)
(1) The proper officer may, either on his own motion or on an application filed by the registered person or by his legal heirs, in case of
death of such person, cancel the registration, in such manner and within such period as may be prescribed, having regard to the
circumstances where;
(a) the business has been discontinued, transferred fully for any reason including death of the proprietor, amalgamated with other legal
entity, demerged or otherwise disposed of; or
(b) there is any change in the constitution of the business; or
(c) the taxable person, other than the person registered under sub-section (3) of section 25, is no longer liable to be registered under
section 22 or section 24.
(2) The proper officer may cancel the registration of a person from such date, including any retrospective date, as he may deem fit,
where;
(a) a registered person has contravened such provisions of the Act or the rules made thereunder as may be prescribed; or
(b) a person paying tax under section 10 has not furnished returns for three consecutive tax periods; or
(c) any registered person, other than a person specified in clause (b), has not furnished returns for a continuous period of six months;
or
(d) any person who has taken voluntary registration under sub-section (3) of section 25 has not commenced business within six months
from the date of registration; or
(e) registration has been obtained by means of fraud, wilful misstatement or suppression of facts:
cont...
(3) The cancellation of registration under this section shall not affect the liability of the person to pay
tax and other dues under this Act or to discharge any obligation under this Act or the rules made
thereunder for any period prior to the date of cancellation whether or not such tax and other dues are
determined before or after the date of cancellation.
(4) The cancellation of registration under the State Goods and Services Tax Act or the Union
Territory Goods and Services Tax Act, as the case may be, shall be deemed to be a cancellation of
registration under this Act.
(5) Every registered person whose registration is cancelled shall pay an amount, by way of debit in
the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of
inputs held in stock and inputs contained in semifinished or finished goods held in stock or capital
goods or plant and machinery on the day immediately preceding the date of such cancellation or the
output tax payable on such goods, whichever is higher, calculated in such manner as may be
prescribed
 Revocation of cancellation of registration
(sec. 30)
(1) Subject to such conditions as may be prescribed, any registered person, whose
registration is cancelled by the proper officer on his own motion, may apply to such officer
for revocation of cancellation of the registration in the prescribed manner within thirty
days from the date of service of the cancellation order.
(2) The proper officer may, in such manner and within such period as may be prescribed,
by order, either revoke cancellation of the registration or reject the application:
Provided that the application for revocation of cancellation of registration shall not be
rejected unless the applicant has been given an opportunity of being heard.
(3) The revocation of cancellation of registration under the State Goods and Services Tax
Act or the Union Territory Goods and Services Tax Act, as the case may be, shall be
deemed to be a revocation of cancellation of registration under this Act
CHAPTER III LEVY AND COLLECTION OF TAX
 Levy of GST
• Where is the power to levy GST derived from?
Article 246A of the Constitution, which was introduced by the Constitution (101st
Amendment) Act, 2016 confers concurrent powers to both, Parliament and State
Legislatures to make laws with respect to GST i. e. central tax (CGST) and state tax (SGST)
or union territory tax (UTGST). However, clause 2 of Article 246A read with Article 269A
provides exclusive power to the Parliament to legislate with respect to inter-State trade or
commerce i.e. integrated tax (IGST).
• Section 9 of CGST Act/SGST Act and Section 5 of IGST Act are the Charging Sections
for the purposes of levy of GST.
Levy of, and Exemption from, tax
 Scope of supply (sec7)
(1) For the purposes of this Act, the expression “supply” includes––
(a) all forms of supply of goods or services or both such as sale, transfer, barter,exchange, licence, rental, lease or disposal made or
agreed to be made for a consideration by a person in the course or furtherance of business;
(b) import of services for a consideration whether or not in the course or furtherance of business;[and]
(c) the activities specified in Schedule I, made or agreed to be made without a consideration;
(1A) where certain activities or transactions constitute a supply in accordance with the provisions of sub-section (1), they shall be
treated either as supply of goods or supply of services as referred to in Schedule II
(2) Notwithstanding anything contained in sub-section (1),––
(a) activities or transactions specified in Schedule III; or
(b) such activities or transactions undertaken by the Central Government, a State Government or any local authority in which they
are engaged as public authorities, as may be notified by the Government on the recommendations of the Council, shall be treated
neither as a supply of goods nor a supply of services.
(3) the Government may, on the recommendations of the Council, specify, by notification, the transactions that are to be treated as
—
(a) a supply of goods and not as a supply of services; or
(b) a supply of services and not as a supply of goods.
 Tax liability on composite and mixed supplies(sec.8)

The tax liability on a composite or a mixed supply shall be determined in the following
manner, namely:—
(a) a composite supply comprising two or more supplies, one of which is a principal supply,
shall be treated as a supply of such principal supply; and
(b) a mixed supply comprising two or more supplies shall be treated as a supply of that
particular supply which attracts the highest rate of tax
 Levy and collection(sec.9)
(1) There shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or
services or both, except on the supply of alcoholic liquor for human consumption, on the value determined
under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the
recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the
taxable person.
(2) The central tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as
petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the
Government on the recommendations of the Council.
(3) The Government may, on the recommendations of the Council, by notification, specify categories of supply
of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such
goods or services or both and all the provisions of this Act shall apply to such recipient as if he is the person
liable for paying the tax in relation to the supply of such goods or services or both.
(4) The central tax in respect of the supply of taxable goods or services or both by a supplier, who is not
registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the
provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to
the supply of such goods or services or both.
(5) The Government may, on the recommendations of the Council, by notification, specify categories of
services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such
services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce
operator as if he is the supplier liable for paying the tax in relation to the supply of such services.
 Composition levy (sec.10)
(1) Notwithstanding anything to the contrary contained in this Act but subject to the provisions of sub-sections (3) and
(4) of section 9, a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty
lakh rupees, may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed,
but not exceeding,––
(a) one per cent. of the turnover in State or turnover in Union territory in case of a manufacturer,
(b) two and a half per cent. of the turnover in State or turnover in Union territory in case of persons engaged in making
supplies referred to in clause (b) of paragraph 6 of Schedule II, and
(c) half per cent. of the turnover in State or turnover in Union territory in case of other suppliers,
(2) The registered person shall be eligible to opt under sub-section (1), if:—
(a) he is not engaged in the supply of services other than supplies referred to in clause (b) of paragraph 6 of Schedule
II;
(b) he is not engaged in making any supply of goods which are not leviable to tax under this Act;
(c) he is not engaged in making any inter-State outward supplies of goods;
(d) he is not engaged in making any supply of goods through an electronic commerce operator who is required to
collect tax at source under section 52; and
(e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the
Council:
cont...
(3) The option availed of by a registered person under sub-section (1) shall lapse with effect
from the day on which his aggregate turnover during a financial year exceeds the limit
specified under sub-section (1).
(4) A taxable person to whom the provisions of sub-section (1) apply shall not collect any
tax from the recipient on supplies made by him nor shall he be entitled to any credit of input
tax.
(5) If the proper officer has reasons to believe that a taxable person has paid tax under sub-
section (1) despite not being eligible, such person shall, in addition to any tax that may be
payable by him under any other provisions of this Act, be liable to a penalty and the
provisions of section 73 or section 74 shall, mutatis mutandis, apply for determination of
tax and penalty.
Composite scheme is not applicable to
following:
 Power to grant Exemption (sec.11)
Exempt supplies comprise the following three types of supplies:
Supplies taxable at a ‘NIL’ rate of tax* (0% tax);
Supplies that are wholly or partially exempted from CGST or IGST, by way of a notification amending Section 11 of
CGST Act or Section 6 of IGST Act;
Non-taxable supplies as defined under Section 2(78) – supplies that are not taxable under the Act (For Example
Alcoholic liquor for human consumption.
• Central or the State Governments are empowered to grant exemptions from GST. Conditions are:
(1) Exemption should be in public interest
(2)By way of issue of notification
(3)Must be recommended by the GST Council
(4)Absolute exemption or conditional exemption may be for any services and / or services of any specified
description.
(5)Exemption by way of special order (not notification) may be granted exceptional circumstances.
(6)Registered person supplying the services and / or services is not entitled to collect tax higher than the effective
rate, where the supply enjoys an absolute exemption.
Section 11
 Difference between Nil Rated, Exempt, Zero Rated and
Non-GST supplies
• Supply Name Description
• Zero Rated Exports Supplies made to SEZ or SEZ Developers.

• Nil Rated Supplies that have a declared rate of 0% GST. Example: Salt, grains, jaggery
etc.

• Exempt Supplies are taxable but do not attract GST and for which ITC cannot be
claimed.
Example: Fresh milk, Fresh fruits, Curd, Bread etc.

• Non-GST These supplies do not come under the purview of GST law.
Example: Alcohol for human consumption, Petrol etc.
Thankyou