restaurant is under composition @ 5% tax. now same restaurant also selling retail of item like biscuits, cold drink, house hold items. can he pay 1% as retailer under composition? 5% as restaurant 1% as retailer?
dear mr narendra according to me to define tax applicability, first define business activity u r retailer or restaurant. As per Shop and establishment Act or any local or state govt law have you obtain licence as restaurant or retailer. if you registered under any local or state govt. as restaurant then rate of GST applicable respectivly. first define u r retailer or restaurant..??
mr shah as per sec 10 of cgst act there is no provision to apply two separate rate for composition. in my considered view or as per information provided by you, if u r main activity is restaurant where food make and served to people then 5% applicable.
Mr narendra according to me if u take two separate registration as business verticals restaurant and as retailer then u eligible to opt comp scheme sepratley and pay gst respectively as applicable. but assure u r pan base turnover of all business verticals will not goes abv rs. 75 lakhs. i hope this opinon solve u r issues.
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