Regarding CMP 02

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jignesh sitapara

jignesh sitapara (Querist)
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13 April 2024 Dear Expert, what to do if CMP -02 not filed when from regular to composition ?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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10 July 2024 If CMP-02 (Intimation of Voluntary Transition into Composition Scheme) was not filed when transitioning from the regular scheme to the Composition Scheme under GST, you should take the following steps to rectify the situation:

### Steps to Rectify Non-Filing of CMP-02:

1. **File CMP-02 Immediately:**
- Log in to the GST portal using your credentials.
- Navigate to the 'Services' > 'Registration' > 'Application for opting for Composition Scheme' section.
- File CMP-02 by providing the required details, such as turnover for the previous financial year and other relevant information.

2. **Pay Tax Liability:**
- Upon filing CMP-02, pay the tax liability for the period when you should have opted for the Composition Scheme.
- Calculate and pay tax applicable under the Composition Scheme for the relevant period. This typically involves paying tax at the applicable composition rate on the turnover for the period you were eligible for composition.

3. **Consequences and Penalties:**
- Assess any potential consequences or penalties for not filing CMP-02 on time. Late filing or non-filing could attract penalties under GST laws.
- It’s advisable to consult with a GST expert or tax consultant to understand the implications and ensure compliance.

4. **Documentation and Record Keeping:**
- Maintain records of the filing of CMP-02, payment of taxes, and any communications with the GST department regarding the transition to the Composition Scheme.
- These records will be essential for future audits or inquiries.

5. **Regular Compliance Going Forward:**
- Ensure ongoing compliance with the requirements of the Composition Scheme, including filing of quarterly returns (CMP-08) and annual returns (GSTR-4) as applicable.

### Important Considerations:

- **Timeliness:** File CMP-02 as soon as possible to rectify the non-compliance and avoid further penalties.
- **Consultation:** If unsure about the process or implications of non-filing, seek guidance from a GST professional or tax advisor.
- **Audit and Review:** Review your GST compliance periodically to ensure all transitions and filings are done correctly and on time.

By promptly filing CMP-02 and fulfilling the tax obligations associated with the Composition Scheme, you can rectify the non-filing issue and maintain compliance with GST regulations.