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Microlesson · 5-min read

Conditions and Restrictions for Composition Levy [Rule 5]

# Conditions & Restrictions [Rule 5]

A composition dealer must comply with all the following:

1. Pay RCM normally: Tax under Sec 9(3)/9(4) on inward supplies of goods/services must be paid at normal rates.

2. Not a CTP / NRTP.

3. Bill of supply marking: At top of every bill of supply, mention — “Composition taxable person, not eligible to collect tax on supplies.”

4. Signage: Mention — “Composition taxable person” — on every notice/signboard displayed prominently at the Principal Place of Business and every Additional Place of Business.

5. Pay tax on stock under RCM (Sec 9(4)) held at the time of opting in.

6. For 10(1) opt-ins: must not be a manufacturer of notified goods in the preceding FY:

  • Ice cream and other edible ice (whether or not containing cocoa)
  • Pan masala
  • All tobacco and manufactured tobacco substitutes
  • Aerated waters
  • Fly ash bricks / fly ash aggregate / fly ash blocks
  • Bricks of fossil meals or similar siliceous earths
  • Building bricks
  • Earthen or roofing tiles

## Why the signage and bill-of-supply markings

So that recipients are not misled into believing they can claim ITC — a composition dealer cannot pass on tax.

Worked example

### Example 1

Composition trader in MP receives legal services from an advocate (RCM u/s 9(3)). He pays RCM at the normal 18%, not at the composition rate. He cannot avail ITC of the RCM paid either.

### Example 2

Composition manufacturer displays a board at his factory: 'M/s ABC Industries — Composition taxable person'. He missed the additional warehouse signage — non-compliance with Rule 5.

⚠️ Common exam mistakes

  • Paying RCM at composition rates instead of normal rates.
  • Skipping the signage at additional places of business.
  • Forgetting to update the bill-of-supply legend.
  • Manufacturing 'bricks' (building/fly ash/earthen) and assuming composition still applies.
Reference: Rule 5, CGST Rules — CGST Rules, 2017
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