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        Case ID :

        A person availing benefit of composition scheme under GST, want to be a casual dealer in another state. Can he avail the benefit of composition scheme in the capacity of casual dealer or non resident taxable person?

        23 July, 2017

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        Rule 5 - Conditions and restrictions for composition levy

        Central Goods and Services Tax Rules, 2017

        No. the provisions of Rule 5 specifically prescribes that, he is neither a casual taxable person nor a non-resident taxable person.

        Therefore, a casual dealer or non-resident taxable person cannot avail the benefit of composition scheme.

         

        Composition scheme eligibility barred for casual and non-resident taxable persons; cannot claim composition as casual dealer. A taxpayer acting as a casual taxable person or a non-resident taxable person is expressly excluded from the composition levy; therefore casual dealers and non-resident taxable persons cannot avail the composition scheme while operating in that capacity.
                      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 barred for casual and non-resident taxable persons; cannot claim composition as casual dealer.

                            A taxpayer acting as a casual taxable person or a non-resident taxable person is expressly excluded from the composition levy; therefore casual dealers and non-resident taxable persons cannot avail the composition scheme while operating in that capacity.





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                            ActsIncome Tax
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