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Microlesson · 5-min read

Marginal Supply of Services under Composition Scheme [Second Proviso to Section 10(1)]

# Marginal Supply of Services — Eligibility under Composition u/s 10(1) & 10(2)

## The Concept

Manufacturers, traders and restaurant service providers (who fall under Section 10(1)) are otherwise not allowed to supply other services. However, the Second Proviso to Section 10(1) carves out a marginal exception — a small amount of services (other than restaurant services) can be supplied without losing the composition benefit.

## The Marginal Limit Formula

The value of marginal supply of services (other than restaurant services — i.e., other than supplies referred to in clause (b) of para 6 of Schedule II, and excluding alcoholic liquor for human consumption) must NOT exceed:

> Higher of:

> - 10% of turnover in a State/UT in the preceding financial year, OR

> - ₹5 lakh

## Who can use this proviso?

  • Manufacturers (under 10(1))
  • Traders (under 10(1))
  • Restaurant service providers (under 10(1))

In other words, all composition dealers under 10(1) get this marginal-service relief, irrespective of whether they're a manufacturer, trader, or restaurant.

## Important — "Other than restaurant services"

The proviso talks about supply of services other than restaurant services. Restaurant service is itself principal supply for that category and is allowed without limit.

Worked example

### Example 1

Example 1: Mr. A (manufacturer in Maharashtra) had turnover of ₹1 crore in preceding FY. He can supply marginal services up to higher of (10% of ₹1 cr = ₹10 lakh, ₹5 lakh) = ₹10 lakh in current FY without losing composition benefit.

### Example 2

Example 2: Mr. B (trader) had turnover of ₹30 lakh in preceding FY. Marginal services limit = higher of (10% × ₹30 lakh = ₹3 lakh, ₹5 lakh) = ₹5 lakh. So Mr. B can supply services worth ₹5 lakh in current FY.

### Example 3

Example 3: A restaurant with preceding FY turnover ₹40 lakh provides catering (a different supply) worth ₹3 lakh. Limit = higher of (₹4 lakh, ₹5 lakh) = ₹5 lakh. Since ₹3 lakh < ₹5 lakh, composition is preserved.

⚠️ Common exam mistakes

  • Applying the marginal-services proviso to composition scheme for services u/s 10(2A) — it applies only to 10(1) dealers (manufacturers, traders, restaurants).
  • Taking the lower of 10% of turnover and ₹5 lakh — it is the higher.
  • Computing the 10% on current year turnover — the proviso uses preceding FY turnover.
  • Treating restaurant service as 'marginal service' — restaurant is the principal allowed activity, not a marginal addition.
Bare-Act text Second Proviso to Section 10(1) · CGST Act, 2017 · click to expand
Second Proviso to Section 10(1): Provided further that a person who opts to pay tax under clause (a), clause (b) or clause (c) may supply services (other than those referred to in clause (b) of paragraph 6 of Schedule II), of value not exceeding ten per cent. of turnover in a State or Union territory in the preceding financial year or five lakh rupees, whichever is higher.
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