Student
236 Points
Joined May 2012
| Originally posted by : ichchha |
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Suppose a company has branches in different states then whether the composition scheme will apply on aggregate turnover on the company including all its branches or exemption limit of 75 lakh is for all the branches and the company? |
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Branches of the same company in different States/UT are required to obtain separate registration in each State/UT, irrespective of the fact that they are using a single PAN of Company. Each branch shall be treated as a distinct entity. [Section 25(2), 25(4), 25(5) of CGST Act]
Now, even though a Company has many branches/business verticals each having separate registrations, turnover limit for composition scheme is checked on the basis of Aggregate Turnover. Section 2(6) of CGST Act reads as under:
“aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis), exempt supplies, exports of goods or services or both and inter-State supplies of persons having the same Permanent Account Number, to be computed on all India basis but excludes central tax, State tax, Union territory tax, integrated tax and cess.
Hence, for the purpose of computing the limit, turnover of all branches/business verticals will be aggregated per PAN.
Further, proviso to section 10(2) states that a registered person shall not be eligible to opt for composition scheme unless all registered persons under the same PAN opt for composition scheme. Thus, even if a single registration is ineligible or doesnt opt, none can opt for benefit of composition.