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        GST - Whether a Works contractor having turnover below ₹ 75 lacs is eligible to avail benefit of composition scheme? What happened in case of other service providers? Can a restaurant server provider (Dhaba wala) is allowed under this scheme.

        19 July, 2017

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        Section - 10 - Composition levy.

        Schedule 2: - ACTIVITIES TO BE TREATED AS SUPPLY OF GOODS OR SUPPLY OF SERVICES

        THE CENTRAL GOODS AND SERVICES TAX ACT, 2017

        Rule - 5 - Conditions and restrictions for composition levy

        Central Goods and Services Tax Rules, 2017

        No, in General All the service provider are not eligible to avail the benefit of composition scheme.

        Exception:

        As per the provisions of Section 10(1)(b), only the specified service provider i.e. Restaurant Service provider (Dhaba Wala) is eligible to avail the benefit of composition. Clause (b) of para 6 of the Second Schedule states that:

        "(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), where such supply or service is for cash, deferred payment or other valuable consideration."

        In case of a Works Contractor:

        A Works contractor, who is considered as a service provider, is not eligible to avail the benefit of composition scheme.

         

        Composition scheme eligibility: service providers generally excluded, restaurant food service providers allowed; works contractors ineligible. Composition scheme excludes service providers generally, so a works contractor is ineligible; however, supply of food or drink (excluding alcoholic liquor) provided as a service for consideration is carved out as an exception, permitting restaurant-style vendors to avail composition benefits under the composition levy conditions and restrictions.
                    Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                      Provisions expressly mentioned in the judgment/order text.

                          Composition scheme eligibility: service providers generally excluded, restaurant food service providers allowed; works contractors ineligible.

                          Composition scheme excludes service providers generally, so a works contractor is ineligible; however, supply of food or drink (excluding alcoholic liquor) provided as a service for consideration is carved out as an exception, permitting restaurant-style vendors to avail composition benefits under the composition levy conditions and restrictions.





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                          ActsIncome Tax
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