GST Update on compliances under New Composition Scheme

GST Update on compliances under New Composition Scheme

The present update seeks to discuss the two notifications have been issued on newly inserted composition scheme wherein a registered person can opt for Composition scheme whose aggregate turnover in the preceding financial year was below Rs. 50 lakh rupees. We had already sent a detailed update on the conditions needed to be satisfied in order to be eligible under this scheme. Further we had also pointed out in our update that the notification no. 02/2019-Central Tax (Rate) dated 7.3.2019 has been issued by referring to section 9, 11 and 16 of CGST Act, 2017 and not under section 10 of the CGST Act, 2017 and so there is no clarity as regards the returns to be filed by such assessee and applicability of credit reversal on stock etc. However, recently the government issued notification no. 09/2019-Central Tax (Rate) dated 29.03.2019 wherein it has been stated that the provisions of credit reversal on stock will be applicable to the assessees covered by new composition scheme. It was also stated that the Composition Rules framed for person paying tax under section 10 will also be applicable for such assessees.

1. Notification No. 21/2019-Central Tax dated 23^rd April 2019

The above cited notification has been issued specifying the procedure for quarterly tax payment and annual filing of return for taxpayers availing the benefit of composition scheme. This notifies the registered persons paying tax under the provisions of section 10 of the said Act or by availing the benefit of notification No. 02/2019– Central Tax (Rate), dated the 7th March, 2019 as the class of registered persons who shall follow the special procedure as mentioned below for furnishing of return and payment of tax.

S.No.	Return	Period of Return	Date of Filing
1	CMP-08 (Form for Payment of Self Assessed Tax)	Quarter	18^th of the month Succeeding the quarter.
2	GSTR-4	Yearly	30^th of April following end of the Financial year.

The registered persons opting for such scheme shall be deemed to have complied with the provisions of section 37 and section 39 of the Act if they have furnished FORM GST CMP-08 and FORM GSTR-4 as provided above. This change is welcomed by the composition taxpayers as it is in alignment with the basic theme of simple and easy compliance as against the earlier compliance of quarterly filing of returns.

2. Notification No. 20/2019-Central Tax dated 23^rd April, 2019

The above cited notification seeks to make amendments in the CGST Rules 2019. We are bringing forth the changes made in Rule 62 of the CGST Rules in tabulated manner stated below.

Reference of Rule	Existing Provision	Amendments made	Action	Effect
Rule 62	“Form and manner of submission of quarterly return by the composition supplier”	“Form and manner of submission of statement and return”	Substituted	Change has been made in the heading of Rule 62 as earlier the composition taxpayers were required to furnish quarterly returns whereas now only one return annually is to be filed by composition taxpayers.
Rule 62(1)	For the portion beginning with the words and figures “paying tax under section 10” and ending with letters and figures “ FORM GSTR-4”	“paying tax under section 10 or paying tax by availing the benefit of notification of the Government of India, Ministry of Finance, Department of Revenue No. 02/2019– Central Tax (Rate), dated the 7th March, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R.189 (E), dated the 7th March, 2019 shall- (i) furnish a statement, every quarter or, as the case may be, part thereof, containing the details of payment of self-assessed tax in FORM GST CMP08, till the 18th day of the month succeeding such quarter; and (ii) furnish a return for every financial year or, as the case may be, part thereof in FORM GSTR-4, till the thirtieth day of April following the end of such financial year,”;	Substituted	The board vide amendment has included the persons opting for this scheme along with persons paying tax under Section 10 and prescribed the due dates of filing Forms in CMP-08 and GSTR-4.
Rule 62(1)	“Provided that the registered person who opts to pay tax under section 10 with effect from the first day of a month which is not the first month of a quarter shall furnish the return in FORM GSTR-4 for that period of the quarter for which he has paid tax under section 10 and shall furnish the returns as applicable to him for the period of the quarter prior to opting to pay tax under section 10”	-	Omitted	This proviso has been omitted as from now onwards GSTR-4 is to be filed annually and not quarterly. This proviso stated the mechanism of filing return when composition scheme was opted in mid of the financial year.
Rule 62(2)	for the portion “return under sub-rule (1) shall discharge his liability towards tax, interest, penalty, fees or any other amount”	“statement under sub-rule (1) shall discharge his liability towards tax or interest”;	Substituted
Rule 62(4)	after the words and figures “opted to pay tax under section 10”	“or by availing the benefit of notification of the Government of India, Ministry of Finance, Department of Revenue No. 02/2019– Central Tax (Rate), dated the 7th March, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.189 (E), dated the 7th March, 2019”	Inserted	This rule deals with the furnishing the details of inward and outward supplies and return under rules 59, 60 and 61 relating to the period during which the person was liable to furnish such details and returns till the due date of furnishing the return for the month of September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is earlier. In this the new scheme has also been added.
Rule 62(5)	for the words, figures and letters “the details relating to the period prior to his opting for payment of tax under section 9 in FORM GSTR- 4 till the due date of furnishing the return for the quarter ending September of the succeeding financial year or furnishing of annual return of the preceding financial year, whichever is earlier”,	“a statement in FORM GST CMP-08 for the period for which he has paid tax under the composition scheme till the 18th day of the month succeeding the quarter in which the date of withdrawal falls and furnish a return in FORM GSTR-4 for the said period till the thirtieth day of April following the end of the financial year during which such withdrawal falls”	Substituted	This Rule deals with the provisions of furnishing the details where the person is opting to withdraw from the scheme on his own or where the option is withdrawn at the instance of the proper officer.
Rule 62 (6)	-	“A registered person who ceases to avail the benefit of notification of the Government of India, Ministry of Finance, Department of Revenue No. 02/2019– Central Tax (Rate), dated the 7th March, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.189 (E) , dated the 7th March, 2019, shall, where required, furnish a statement in FORM GST CMP-08 for the period for which he has paid tax by availing the benefit under the said notification till the 18th day of the month succeeding the quarter in which the date of cessation takes place and furnish a return in FORM GSTR - 4 for the said period till the thirtieth day of April following the end of the financial year during which such cessation happens.”.	Inserted	This Rule has been inserted prescribing the procedure for details to be furnished in the return for those who cease to avail the benefit under this scheme.

Board has further prescribed format of Form CMP-08 (Statement for payment of self Assessed tax) by way of inserting in the Rules.

Persons who need to avail the benefit under the Notification no. 02/2019-Central Tax (rate) shall indicate the option for Registration in FORM REG -01 at S. No. 5 and 6.1(iii) of the form.

The content of this GST update is for educational purpose only and not intended
for solicitation.

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GST Update on compliances under New Composition Scheme

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