Withdrawal from Composition Levy

Page no : 2

Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 08 April 2023

Hi Pankaj Ji,

Thanks.

Asking for withdrawal wef from 30th/31st March is within the same FY and asking that on 6th April is within 7 days. Yes, submission of the application is not in the same FY. May that's the System issue/technical glitch.

But the if you read the reason, you just can't make any sense of it.

And now the most important question, Sir :)

What's the solution? What's the way forward?

Guidance will help :)


Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 08 April 2023

Because for all the Supplies dated 31st, we can not raise Bill of Supply. It has to be Invoices.

And we have to file GST1 & 3B for Invoiced Supplies dated 31st March,which technically will be possible only if one is Regd as a Regular Dealer wef 31st March itself. For the Turnover till 30th March, CMP08 has already been filed. Just FYI.


Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 09 April 2023

Dear Sanjay.
it's 100% some technical glitch Iam repeating again that withdrawal from Composition scheme can be file any time & as per Law portal should not restrict.
So my suggestion is to lodge complaint to Helpdesk & Contact to your jurisdiction circle.

Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 09 April 2023

Sure. We will take it further as suggested.

Thanks.


Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 09 April 2023

Plz let me know the outcome 



Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 09 April 2023

Sure Pankaj Ji.

I will.

Thanks :)

1 Like

Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 12 April 2023

Dear Pankaj Ji,

The reply I got is :

Dear Taxpayer,Your composition start date for the current financial year is 01-04-2023.So system will not allow you to select the withdrawal date before this start date.Requesting you to select the date after the start date that is 01-04-2023.Thank you.

So the very first reply by Dhirajlal Rambhia Ji turned out to be on dot. Kudos to him!

But in my opinion it's a system issue & they should correct it ASAP. Effectively the system did not allow that 7 days period also for the withdrawal.

Had it been within the same FY, there are instances where people have opted for the change even after 25 days also.

Now the question is..... What to do?

For that last one or two day's turnover, neither you can issue 6% Bill of Supply nor 18% Invoice :)

Invoicing that Turnover in April (which in this case is otherwise also not possible for many other reasons), will be unjust & and it's not just change of month. Here it amounts to change of FY.

It has huge huge implications. But what to do? :):):)

May better sense prevail.

Thanks.


Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 12 April 2023

Dear Sanjay

 ITS REALLY AN NON-SENSE .... EITHER THEY MUST MAKE CHANGES IN THE GST PORTAL OR AMEND THE LAW OF NOT ALLOWING 7 DAYS GRACE PERIOD.

ITS BETTER YOU VISIT THE DEPARTMENT & ASK THEM ONLY THAT WHAT TAX RATE IS APPLICABLE FOR MY 30,31 MARCH-23 TURNOVER.

 


Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 12 April 2023

Yes, seems to be the only logical option.

Frankly, not at all hopeful that they would budge.

Anyways....... :)


Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 12 April 2023

In my opinion you must issue the invoices by depositing 6% GST forb30 & 31 march .
Why the Taxpayer need to suffer when your GST portal is align according to the Law.


Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 12 April 2023

When you say 6%......Did you mean Bill of Supply?


Pankaj Rawat (GST Practitioner) (55052 Points)
Replied 13 April 2023

Yes bill of supply But do not consider those invoices in return as you are were no more liable to remain in composition scheme & being Unregistered person not liable deposit any gst. 

Issue the revised tax invoice against those bill of supply  in April by charging GST as regular Tax payer  Just like New Registration (Sec 31 (3)(a)  registered  person can issue revised invoices  against the invoices already issued during the period between effective date of registration  till date of registration obtain) 

So the time limit in case of New registration is 30 days in case of Composition Scheme its 7 days.

2ND option: 

AS Per Section 18(1)(c) r/w Rule 40 : either delete the invoices issue on 30, 31 March, the ITC against those invoices in stock can be claim by filing  ITC 01

 

.Above options is my suggestions so it's your own decision to follow or not. 

 


Sanjay D Thakker (Chief Financial Advisor)   (89 Points)
Replied 13 April 2023

Yes, Pankaj Ji.

This will help for sure.

Thanks a ton!

1 Like


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