TMI Blogcomposition schemeX X X X Extracts X X X X X X X X Extracts X X X X ..... Is outdoor catering service covered under Sch II 6(b) and eligible for Composition scheme U/s. 10 ? - Reply By Rajagopalan Ranganathan - The Reply = Sir, You are eligible to pay gst under Composition Scheme under Section 10 of CGST Act, 2017 . The rate was 2.5% CGST and 2.5% SGST. However this scheme has become redundant since the general rate of tax on supply of food itself is 2.5% CG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ST and 2.5% SGST without input tax. - Reply By KASTURI SETHI - The Reply = Schedule II 6(b) talks of Composite Supply and not of Composition Scheme ( Section 10 ). Both have different legal aspects and contents. Cannot be correlated. - Reply By SHARAD ANADA - The Reply = Sir Pl refer Sec.10 10. (1) Notwithstanding anything to the contrary contained in this Act but subject to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of sub-sections (3) and (4) of section 9 , a registered person, whose aggregate turnover in the preceding financial year did not exceed fifty lakh rupees, may opt to pay, in lieu of the tax payable by him, an amount calculated at such rate as may be prescribed, but not exceeding, (a) one per cent. of the turnover in State or turnover in Union territory in case of a manufacturer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) two and a half per cent. of the turnover in State or turnover in Union territory in case of persons engaged in making supplies referred to in clause (b) of paragraph 6 of Schedule II , and (c) half per cent. of the turnover in State or turnover in Union territory in case of other suppliers, subject to such conditions and restrictions as may be prescribed: Sch. II 6(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Composite supply The following composite supplies shall be treated as a supply of services, namely:- (a) works contract as defined in clause (119) of section 2 ; and (b) supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (other than alcoholic liquor for human consumption) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , where such supply or service is for cash, deferred payment or other valuable consideration. My query is whether Sch. II 6(b) ) covers outdoor catering services and can he avail composition scheme. - Reply By KASTURI SETHI - The Reply = In my view, outdoor catering is covered under Schedule II 6(b) and eligible for composition scheme under Section 10 of CGST Act . To have more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clarity on the issue, we must know the difference between outdoor catering and indoor catering (restaurant) . If we go through observations of the Supreme Court in the case of Tamil Nadu Kalyana Mandapam Association Vs. UOI reported as (2006) 4/STT.308 = 2004 (4) TMI 1 - SUPREME COURT OF INDIA regarding the clear-cut difference between the two, it becomes amply clear that the language of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chedule II 6(b) (highlighted by you), stands for outdoor catering. - Reply By KASTURI SETHI - The Reply = If we look back into pre-GST era, the definition of 'Outdoor Catering' is almost same.We can 95% same. - composition scheme - Query Started By: - SHARAD ANADA Dated:- 29-4-2019 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply pos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
