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Composition related clarification

215 views 4 replies
Section 10(1) defines the eligibility for those who want to register under composition scheme. there are three categories under it
a) Manufacturer 2%
b) Normal traders 1%
c) Restaurants 5%

now let me give a practical scenario of sweet shop.
he is a manufacturer, he sells his sweets so he is also a dealer and as he serves the sweets on his shop so technically it is also a restaurant.

now he is engaged in all three activities now question arises under what rate of tax he shall be considered 1,2or5?

please try to answer with some reference not what u believe or u think.
Replies (4)
i think 5% .
  1. I think though the word manufacture is a general term and the meaning of the same can also be applied to restaurant business, yet the word manufacture may not construe restaurant activites for the purpose of composition, since schedule II para 6(b) specifically mentions about restaurant supplies. As I understand, specific provisions overrule general provisions.
  2. Further, section 10 of CGST Act does not specifically mention that traders can opt for composition scheme & pay tax @ 0.5%. Instead, 0.5% option would be applicable to persons other than manufacturers & restaurant businesses.
  3. On combined reading of above, I feel restaurant businesses would fall under specific category of 2.5% CGST.
  4. Welcome views of others.
  1. I think though the word manufacture is a general term and the meaning of the same can also be applied to restaurant business, yet the word manufacture may not construe restaurant activites for the purpose of composition, since schedule II para 6(b) specifically mentions about restaurant supplies. As I understand, specific provisions overrule general provisions.
  2. Further, section 10 of CGST Act does not specifically mention that traders can opt for composition scheme & pay tax @ 0.5%. Instead, 0.5% option would be applicable to persons other than manufacturers & restaurant businesses.
  3. On combined reading of above, I feel restaurant businesses would fall under specific category of 2.5% CGST.
  4. Welcome views of others.
schedule 2 para 6(b) suggests it may be fall under 5%.


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