Dear sir
we are composition person can pay tax on exempted supply ?
Thanks with regards
9 Replies
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 11 May 2019
As per Notification 2/2019 Ct (R) , you cannot make exempted supplies
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 12 May 2019
The yaxpayer who has opted the composition scheme in term of Notification 2/2019 CT (R) , cannot make supply of exempted , nil rated, non GST supply .
so its very clear if you do any such supply have to opt out from siad scheme
so its very clear if you do any such supply have to opt out from siad scheme
Kailash Pandey
(80 Points)
Replied 12 May 2019
you need to pay tax on taxable goods only. condition mentioned in Notification 2/2019 CT (R) "(iii) who is not engaged in making any supply
which is not leviable to tax under the said Act;
it means goods are not covered under GST act i.e. diesel, petrol, liquor etc. there is difference b/w "not leviable to tax under Act" and " Exempted goods"
which is not leviable to tax under the said Act;
it means goods are not covered under GST act i.e. diesel, petrol, liquor etc. there is difference b/w "not leviable to tax under Act" and " Exempted goods"
CA Shikha Sharma
(Ceo)
(3869 Points)
Replied 12 May 2019
@ pankaj it's barred from making non taxable supplies not nil rated or exenpted
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 12 May 2019
@ CA Shiksha Sharma
Kindly Refer the defination of Exempted Supply
As per Section 2(47) “exempt supply” means supply of any goods or services or both which
attracts nil rate of tax or which may be wholly exempt from tax under section 11, or
under section 6 of the Integrated Goods and Services Tax Act, and includes
NON-TAXABLE supply;
ABOVE Defination includes" Non Taxable Supply" & now you will be again questioning its Non Taxable Supply & is different from "Not leviable to tax under Act "
Hence
Now Refer The Defimation of NON -TAXABLE SUPPLY as per Section 2(78) “non-taxable supply” means a supply of goods or services or both which is
NOT LEVIABLE TO TAX UNDER this Act or under the Integrated Goods and Services Tax Act;
So when we referring exempted supply it includes , NIL RATED, NON TAXABLE, (NON-GST) AND NOT LEVIABLE TAX SUPPLY
Kindly Refer the defination of Exempted Supply
As per Section 2(47) “exempt supply” means supply of any goods or services or both which
attracts nil rate of tax or which may be wholly exempt from tax under section 11, or
under section 6 of the Integrated Goods and Services Tax Act, and includes
NON-TAXABLE supply;
ABOVE Defination includes" Non Taxable Supply" & now you will be again questioning its Non Taxable Supply & is different from "Not leviable to tax under Act "
Hence
Now Refer The Defimation of NON -TAXABLE SUPPLY as per Section 2(78) “non-taxable supply” means a supply of goods or services or both which is
NOT LEVIABLE TO TAX UNDER this Act or under the Integrated Goods and Services Tax Act;
So when we referring exempted supply it includes , NIL RATED, NON TAXABLE, (NON-GST) AND NOT LEVIABLE TAX SUPPLY
CA Shikha Sharma
(Ceo)
(3869 Points)
Replied 12 May 2019
but composite dealer should not be engaged in any of supply of goods which are not leviable to tax under this act
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