Rules Rule 3 of CGST Rules i.e. Intimation for Composition Levy under section 10
Financial Year: 2017
Rule 3 of CGST Rules
Intimation for Composition levy.-
(1) Any person
who has been granted registration
on a provisional basis under clause (b) of sub-rule (1) of rule 24
and who opts to pay tax under section 10,
shall electronically file an intimation in FORM GST CMP-01,
duly signed or verified through electronic verification code,
on the common portal,
either directly or
through a Facilitation Centre notified by the Commissioner,
prior to the appointed day,
but not later than thirty days after the said day,
or such further period as may be
extended by the Commissioner in this behalf
Provided that where the
intimation in FORM GST CMP-01 is filed after the appointed day,
the registered person shall not collect any tax from the appointed day
but shall issue bill of supply for supplies made after the said day.
(2) Any person who applies for
registration under sub-rule (1) of rule 8
may give an option to pay tax
under section 10 in Part B of FORM GST REG-01,
which shall be considered as an
intimation to pay tax under the said section.
(3) Any registered person
who opts to pay tax under section 10
shall electronically file an intimation in FORM GST CMP-02,
duly signed or verified through electronic verification code,
on the common portal,
either directly or through a Facilitation Centre notified by the Commissioner,
prior to the commencement of the financial year
for which the option to pay tax under the aforesaid section is exercised
and shall furnish the statement in FORM GST ITC-03 in accordance with the provisions of subrule (4) of rule 44
within a period of sixty days
from the commencement
of the relevant financial year.
(3A) Notwithstanding anything contained in sub-rules (1), (2) and (3),
a person who has been granted registration on a provisional basis under rule 24
or who has applied for registration under sub-rule (1) of rule 8
may opt to pay tax under
section 10 with effect from the first day of October, 2017
by electronically filing an
intimation in FORM GST CMP-02,
on the common portal either directly or through
a Facilitation Centre notified by the Commissioner,
before the said date and
shall furnish the statement in FORM GST ITC-03
in accordance with the provisions of
sub - rule (4) of rule 44
within a period of ninety days from the said date
Provided that the said persons shall not be allowed to furnish the declaration in
FORM GST TRAN-1 after the statement in FORM GST ITC-03 has been furnished.”;
(Subrule (3A) has been inserted by 7th Amendment to CGST Rules dated 15th Sep 2017,Notification No 34/2017 Central Tax)
(Sub Rule (3A) has been reconstituted by 9th Amendment to CGST Rules dated 13th Oct 2017, Notification No 45/2017 Central tax and reconstituted sub rule(3A) is as follows)
(3A) Notwithstanding anything contained in sub-rules (1), (2) and (3),
a person who has been granted registration on a provisional basis under rule 24
or who has been granted certificate of registration under sub-rule (1) of rule 10
may opt to pay tax under section 10
with effect from the first day of the month immediately succeeding the month in which he files an intimation in FORM GST CMP-02,
on the common portal
either directly or through a Facilitation Centre notified by the Commissioner,
on or before the 31st day of March, 2018,
and shall furnish the statement in FORM GST ITC-03 in accordance with the provisions of sub-rule (4) of rule 44
within a period of ninety days (180 days) (90 days changed to 180 days by notification no 03/2018 central tax dated 23rd Jan 2018)
from the day on which such person commences to pay tax under section 10
Provided that the said persons shall not be allowed to furnish the declaration in FORM GST TRAN-1 after the statement in FORM GST ITC-03 has been furnished
(4) Any person who files an intimation under sub-rule (1) to pay tax under section 10
shall furnish the details of stock,
including the inward supply of goods received from unregistered persons,
held by him on the day preceding the date from which he opts to pay tax under the said section,
electronically,
in FORM GST CMP-03, on the common portal,
either directly or through a Facilitation Centre notified by the Commissioner,
within a period of Sixty (Ninety) days (Sixty days has been amended to 90 days by 5th amendment to CGST Rules dated 17th Aug 2017, Notification No 22/2017 Central Tax)
from the date on which the option for composition levy is exercised
or within such further period as may be extended by the Commissioner in this behalf.
(5) Any intimation under sub-rule (1) or sub-rule (3) or sub-rule (3A)
(Subrule (3A) has been inserted in this sub rule by 7th Amendment to CGST Rules dated 15th Sep 2017,Notification No 34/2017 Central Tax)
in respect of any place of business in any State or Union territory
shall be deemed to
be an intimation
in respect of all other places of business registered on the same Permanent Account Number
Thanks
CA Rahul Gupta