REGULAR TAX ON CLOSING STOCK HOW SHOULD PAY OR NOT.
makkhan sharma (203 Points)
17 July 2017NOW HE WANT TO OPT COMPOSITION SCHEME FROM 1 JULY .,THEN HOW HE WILL SALE TAXABLE CLOSING STOCK IN COMPOSITION SCHEME.
PLEASE EXPLAIN AND CLEAR IT.
makkhan sharma (203 Points)
17 July 2017
Ravi SADhiyan
(Practice)
(4510 Points)
Replied 17 July 2017
No
You can't opt compostion
Conditions and restrictions for composition levy.- (1) The person exercising the option
to pay tax under section 10 shall comply with the following conditions, namely:-
(a) he is neither a casual taxable person nor a non-resident taxable person;
(b) the goods held in stock by him on the appointed day have not been purchased
in the course of inter-State trade or commerce or imported from a place outside India
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or received from his branch situated outside the State or from his agent or principal
outside the State, where the option is exercised under sub-rule (1) of rule 3;
(c) the goods held in stock by him have not been purchased from an unregistered
supplier and where purchased, he pays the tax under sub-section (4) of section 9;
(d) he shall pay tax under sub-section (3) or sub-section (4) of section 9 on inward
supply of goods or services or both;
(e) he was not engaged in the manufacture of goods as notified under clause (e) of
sub-section (2) of section 10, during the preceding financial year;
(f) he shall mention the words “composition taxable person, not eligible to collect
tax on supplies” at the top of the bill of supply issued by him; and
(g) he shall mention the words “composition taxable person” on every notice or
signboard displayed at a prominent place at his principal place of business and at every
additional place or places of business.
(2) The registered person paying tax under section 10 may not file a fresh intimation every
year and he may continue to pay tax under the said section subject to the provisions of the
Act and these rules.