One of my client is running a restaurant and is registered in Composition scheme in GST.
But now he is also earning commercial rent income amounting to Rs. 6 lacs and on rent income gst rate is 18% which comes under Regular scheme of registration.
My query is that in which scheme he needs to continue his business since rent on commercial property does not come under composition scheme.
24 March 2023
I want to know what is the rule in such a situation. As rent income is only Rs. 6 lacs. He may take less rent if there is any way to continue in Composition scheme.
He is not yet registered in GST. Will have to take it.
24 March 2023
The relevant rule is contained in section 10 and accordingly he will not be eligible for composition as he is a restaurant service owner who is covered under entry (b) of paragraph 6 of Schedule II. The relaxation of provision of services upto 10% of turnover or Rs 5 lacs whichever is higher is not available to him being a restaurant service provider. If he is unregistered he has to get registered under regular scheme. Alternatively he may opt for composition scheme under section 10(2A) subject to max turnover of Rs 50 lacs and payment of composition fee at 6%
Thanks for your detailed reply, but can he opt for Composition scheme if his Turnover is below Rs. 50 lacs for both services combined i.e Restaurant business and Commercial Rent income.
Say Restaurant business he earns - Rs. 35 lacs p.a turnover Commercial Rent Received - Rs. 4 lacs p.a
29 March 2023
aggregate turnover includes both goods and services so according to me if turnover is within 50 lacs he can opt for composition scheme as there is similar restriction prescribed in section 10(2A)
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