Chapter II of CGST Rules, 2017
1[COMPOSITION
LEVY]
[helldod old[COMPOSITION RULES]helldod]
RULE -5. Conditions and restrictions for composition levy.- (corresponding section 10)
(1) The person exercising the option to pay tax under
section 10shall
comply with the following conditions, namely:-
(a) he is neither a casual taxable person
2(20)
“casual taxable person” means a person who occasionally undertakes transactions involving supply of goods or services or both in the course or furtherance of business, whether as principal, agent or in any other capacity, in a State or a Union territory where he has no fixed place of business;
nor a non-resident taxable
person;
(b) the goods held in stock by him on the appointed day
2(10)
“appointed day” means the date on which the provisions of this Act shall come into force;
have not been
purchased in the course of inter-State trade or commerce or imported from a
place outside India or received from his branch situated outside the State or
from his agent
2(05)
“agent” means a person, including a factor, broker, commission agent, arhatia, del credere agent, an auctioneer or any other mercantile agent, by whatever name called, who carries on the business of supply or receipt of goods or services or both on behalf of another;
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.