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Microlesson · 5-min read

Persons Ineligible for Composition Scheme [Section 10(2) & 10(2A)]

# Persons Ineligible for Composition Scheme

## (a) Ineligible for Composition Scheme for GOODS [Section 10(2)]

A registered person is NOT eligible if he is:

1. Engaged in supply of goods or services not leviable to tax (e.g., petroleum, alcoholic liquor for human consumption).

2. Engaged in inter-State outward supplies of goods or services.

3. Person supplying any services through an E-Commerce Operator (ECO) required to collect TCS u/s 52.

4. Manufacturer of notified goods u/s 10(2)(e) — ice cream, pan masala, tobacco, aerated waters, fly ash bricks, bricks of fossil meals, building bricks, etc.

5. Casual Taxable Person (CTP) or Non-Resident Taxable Person (NRTP).

6. Supplier of services (except restaurant service permitted u/s 10(1) and marginal services permitted by the second proviso to 10(1)).

## (b) Ineligible for Composition Scheme for SERVICES [Section 10(2A)]

A registered person is NOT eligible if he is:

1. Engaged in supply of goods/services not leviable to tax.

2. Engaged in inter-State outward supplies of goods/services.

3. Person supplying any services through an ECO required to collect TCS u/s 52.

4. Manufacturer of notified goods or supplier of notified services.

5. CTP or NRTP.

## Quick Mnemonic

Common to both → "N-I-E-N-C"

  • Non-leviable supplies
  • Inter-State outward supplies
  • ECO supplier (services through ECO with TCS)
  • Notified goods/services
  • CTP or NRTP

Worked example

### Example 1

Example: Mr. P is a manufacturer of pan masala in Gujarat with turnover ₹50 lakh. Although his turnover is within the limit, he is ineligible because pan masala is a notified ineligible good u/s 10(2)(e).

### Example 2

Example: Ms. Q is a trader in Punjab making supplies to customers in Delhi (inter-State). She is ineligible for composition because of inter-State outward supplies — regardless of turnover.

### Example 3

Example: Mr. R supplies handicrafts on Amazon (an ECO that collects TCS u/s 52). He is ineligible for composition scheme.

⚠️ Common exam mistakes

  • Forgetting that inter-State outward supply disqualifies — inward inter-State purchases are fine.
  • Allowing a service supplier (other than restaurant or marginal) under 10(1) — only restaurant services are within 10(1)'s ambit; other services go to 10(2A).
  • Treating CTP/NRTP as eligible — both are explicitly excluded.
  • Missing the notified goods list: ice cream, pan masala, tobacco, aerated waters, fly ash bricks/aggregate/blocks, bricks of fossil meals, building bricks, earthen/roofing tiles.
Bare-Act text Section 10(2) & 10(2A) · CGST Act, 2017 · click to expand
Section 10(2): The registered person shall be eligible to opt under sub-section (1), if:— (a) save as provided in sub-section (1), he is not engaged in the supply of services; (b) he is not engaged in making any supply of goods or services which are not leviable to tax under this Act; (c) he is not engaged in making any inter-State outward supplies of goods or services; (d) he is not engaged in making any supply of goods or services through an electronic commerce operator who is required to collect tax at source under section 52; (e) he is not a manufacturer of such goods as may be notified by the Government on the recommendations of the Council; and (f) he is neither a casual taxable person nor a non-resident taxable person.
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