Circular No. 77/51/2018-GST
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F. No. CBEC-20/16/04/2018-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
GST Policy Wing
*****
New Delhi, Dated the 31
st
December, 2018
To,
The Principal Chief Commissioners/Chief Commissioners/Principal Commissioners/
Commissioners of Central Tax (All)
The Principal Directors General/Directors General (All)
Madam/Sir,
Subject: Denial of composition option by tax authorities and effective date thereof - Reg.
Rule 6 of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as
the “CGST Rules”) deals with the validity of the composition levy. As per the said rule, the
option exercised by a registered person to pay tax under the composition scheme shall
remain valid so long as he satisfies the conditions mentioned in section 10 of the Central
Goods and Services Tax Act, 2017 (hereinafter referred to as the “CGST Act”) and the
CGST Rules. The rule lays down the procedure for withdrawal from the composition scheme
by a taxpayer who intends to withdraw from the said scheme and also the procedure for
denial of option to the taxpayer to pay tax under the said scheme where he has contravened
the provisions of the CGST Act or the CGST Rules.
2. In this connection, doubts have been raised as to the date from which withdrawal
from the composition scheme shall take effect in a case where the composition taxpayer has
exercised such option to withdraw. Doubts have also been raised regarding the effective date
of denial of the option to pay tax under the composition scheme where action has been
initiated by the tax authorities to deny such option to the composition taxpayer. Further,
clarification has been sought regarding the follow up action to be taken by the tax authorities
when the composition option is denied to the taxpayer retrospectively. In order to clarify
these issues and to ensure uniformity in the implementation of the provisions of the law
across field formations, the Board, in exercise of its powers conferred by section 168 (1) of
the CGST Act, hereby clarifies the issues raised as below.
Circular No. 77/51/2018-GST
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3. Sub-rule (2) of rule 6 of the CGST Rules provides that the composition taxpayer shall
pay tax under sub-section (1) of section 9 of the CGST Act as a normal taxpayer from the
day he ceases to satisfy any of the conditions of the composition scheme and shall issue tax
invoice for every taxable supply made thereafter. Sub-rule (3) of rule 6 of the CGST Rules
provides that the registered person who intends to withdraw from the composition scheme
shall, before the date of such withdrawal, file an application in FORM GST CMP-04 on the
common portal. He shall file intimation for withdrawal from the scheme in FORM GST
CMP-04 within seven days of the occurrence of such event.
4. As per sub-rule (4) of rule 6 of the CGST Rules, where the proper officer has reasons
to believe that the registered person was not eligible to pay tax under section 10 of the CGST
Act or has contravened the provisions of the CGST Act or the CGST Rules, he may issue a
notice to such person in FORM GST CMP-05 to show cause as to why the option to pay tax
under section 10 of the CGST Act shall not be denied. Upon receipt of the reply to the show
cause notice from the registered person in FORM GST CMP-06, the proper officer shall, in
accordance with the provisions of sub-rule (5) of rule 6 of the CGST Rules, issue an order in
FORM GST CMP -07 within a period of thirty days of the receipt of such reply, either
accepting the reply, or denying the option to pay tax under section 10 of the CGST Act from
the date of the option or from the date of the event concerning such contravention, as the
case may be.
5. It is clarified that in a case where the taxpayer has sought withdrawal from the
composition scheme, the effective date shall be the date indicated by him in his
intimation/application filed in FORM GST CMP-04 but such date may not be prior to the
commencement of the financial year in which such intimation/application for withdrawal is
being filed. If at any stage it is found that he has contravened any of the provisions of the
CGST Act or the CGST Rules, action may be initiated for recovery of tax, interest and
penalty. In case of denial of option by the tax authorities, the effective date of such denial
shall be from a date, including any retrospective date as may be determined by tax
authorities, but shall not be prior to the date of contravention of the provisions of the CGST
Act or the CGST Rules. In such cases, as provided under sub-section (5) of section 10 of the
CGST Act, the proceedings would have to be initiated under the provisions of section 73 or
section 74 of the CGST Act for determination of tax, interest and penalty for the period
starting from the date of contravention of provisions till the date of issue of order in FORM
GST CMP-07. It is also clarified that the registered person shall be liable to pay tax under
section 9 of the CGST Act from the date of issue of the order in FORM GST CMP -07.
Circular No. 77/51/2018-GST
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Provisions of section 18(1)(c) of the CGST Act shall apply for claiming credit on inputs held
in stock, inputs contained in semi-finished or finished goods held in stock and on capital
goods on the date immediately preceding the date of issue of the order.
6. It is requested that suitable trade notices may be issued to publicize the contents of
this circular.
7. Difficulties, if any, faced in implementation of the above instructions may be brought
to the notice of the Board at an early date. Hindi version would follow.
(Upender Gupta)
Commissioner (GST)
