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problems related to composition scheme and theater exhibitor food & beverages sales

npp suresh

Dear sir, .

1) one of the my client was obtained gst certificate under composition scheme, he is selling exempted goods as well as taxable goods also, my doubt is what is the payable turnover in this case, he can pay 1% on taxable turnover or exempted & taxable turnover also. There is any changes in after 23rd council meeting before that ( I have known the aggregate turnover of composition dealer means:

1) Turnover of all taxable supplies

2) Turnover of Exempted Supplies

3) Exports made by all person with same PAN But Excludes: inward supplies under reverse charge.)

2) another one is my client running cinema theater as an exhibitor, he is supplying food and beverages in Non-Air conditioner Counter how much gst tax rate on food & beverages he can collect and pay the government. ( food and beverages both are same rate of tax or not)

Pl reply as early as possible sir.,

GST Clarification: Composition Scheme Includes Only Taxable Turnover; 5% GST on Theater Food, No ITC for Parks A discussion on a forum addressed issues concerning the Goods and Services Tax (GST) for a client under the composition scheme and a cinema theater exhibitor selling food and beverages. The first issue involved whether the client should pay 1% GST on taxable turnover only or include exempted goods. It was clarified that only taxable supplies are included in the composite turnover for GST calculation. The second issue questioned the GST rate on food and beverages sold at a theater. It was clarified that a uniform 5% GST applies to food bills in both air-conditioned and non-air-conditioned settings, but theaters and amusement parks are not treated as restaurants, which affects the applicable tax rate and eligibility for Input Tax Credit (ITC). (AI Summary)
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ANITA BHADRA on Nov 25, 2017

Dear Sir

The rates specified for composite turnover are only for taxable supplies made by the taxpayer. Exempted goods are to be excluded while calculating tax,.

ANITA BHADRA on Nov 25, 2017

a uniform 5 per cent GST will be charged on food bill in both air-conditioned and non-AC.

npp suresh on Nov 25, 2017

Dear Madam,

Thanq for u r reply,

1) I couldn't see what is the turnover of composite dealer have to pay tax in any act book (Aggregate turnover or Turnover) If aggregate turnover taken as registration under composition purpose i will agree with u madam.

2) I know after 23rd council meeting restaurant tax rate changed to 18% to 5% both Ac and Non Ac without ITC Except 5 star Hotels but my doubt is theater and amusement park etc., are also treated as like restaurant or not.

Ganeshan Kalyani on Nov 25, 2017

Answer to query 2- in my view 18% tax will be levied.

Kishan Barai on Dec 4, 2017

Respected Sir,

Theater and amusement park are not treated as a restaurant, moreover, if any restaurant agrees for 5% GST then it would not be eligible for ITC.

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