Question4:
One of my client forget to opt for composition as on 01.07.17. is there any option available to him now.
Answer:
Vide Notification 45/2017-Central Tax dated 13.10.2017 after Rule 3, Rule (3A) has been inserted in CGST Rules, 2017 which reads as under; (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 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'. According to this amendment now a registered person can switch over to Composition Levy any time but only once before 31st March, 2018 subject to following the procedure as laid under the new inserted rule (3A). (Reply dt. 15/11/2017)