Important Keyword: GST Notification 09/2019, composition rules GST India, ITC reversal GST scheme, small service provider GST, Notification 02/2019 amendment,
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Table of
[F.No.354/25/2019-TRU]
Government of India
Ministry of Finance
(Department of Revenue)
New Delhi, the 29th March, 2019
Notification No. 09/2019 - Central Tax (Rate): Seeks to amend notification No. 02/2019- Central Tax (Rate) so as to provide for application of Composition rules to persons opting to pay tax under notification no. 2/2019- Central Tax (Rate).
[TO BE PUBLISHED IN THE GAZZETE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]
G.S.R......(E).- In exercise of the powers conferred by sub-section (1) of section 9, sub- section (1) of section 11, sub-section (1) of section 16 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (herein after referred to as the “said Act”), the Central Government, on the recommendations of the Council, and on being satisfied that it is necessary in the public interest so to do,
Hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue) No.02/2019- Central Tax (Rate), dated the 7thMarch, 2019, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 189(E), dated the 7th March, 2019, namely:-
In the said notification, -
- in the Table, in column 3, after clause 7, the following clause shall be inserted, namely: -
“8. Where any registered person who has availed of input tax credit opts to pay tax under this notification, he shall pay an amount, by way of debit in the electronic credit ledger or electronic cash ledger, equivalent to the credit of input tax in respect of inputs held in stock and inputs contained in semi-finished or finished goods held in stock and on capital goods as if the supply made under this notification attracts the provisions of section 18(4) of the said Act and the rules made there-under and after payment of such amount, the balance of input tax credit, if any, lying in his electronic credit ledger shall lapse.”; - in paragraph 3, in the Explanation, after clause (ii), the following clause shall be inserted, namely: -
“(iii) the Central Goods and Services Tax Rules, 2017, as applicable to a person paying tax under section 10 of the said Act shall, mutatis mutandis, apply to a person paying tax under this notification.”.
2. This notification shall come into force on the 1st day of April, 2019.
(Pramod Kumar)
Deputy Secretary to the
Government of India
Note: - The principal notification No. 02/2019 - Central Tax (Rate), dated the 7th March, 2019 was published in the Gazette of India, Extraordinary, vide number G.S.R. 189 (E), dated the 7th March, 2019.
📚 Frequently Asked Questions (FAQs): Notification No. 09/2019 - Central Tax (Rate)
Q1: What is Notification No. 09/2019 – Central Tax (Rate)?
Answer:
Notification No. 09/2019 – Central Tax (Rate) amends Notification No. 02/2019 to clarify that composition-style rules apply to persons opting for the special concessional GST scheme, including ITC reversal and compliance rules.
Q2: From which date is Notification No. 09/2019 applicable?
Answer:
The notification is effective from 1 April 2019.
Q3: What is Notification No. 02/2019 – Central Tax (Rate)?
Answer:
Notification No. 02/2019 introduced a special GST scheme for certain registered persons, allowing them to pay tax at a concessional rate subject to conditions, mainly targeting small service providers.
Q4: What happens to ITC when a taxpayer opts for this scheme?
Answer:
The taxpayer must:
Reverse ITC on inputs, semi-finished goods, finished goods, and capital goods
Pay the amount via electronic credit ledger or cash ledger
Lose (lapse) any remaining ITC balance
This mirrors Section 18(4) of the CGST Act.
Q5: Why is Section 18(4) of CGST Act relevant here?
Answer:
Section 18(4) governs ITC reversal when a taxpayer switches to a scheme where ITC is not allowed. Notification No. 09/2019 explicitly applies this logic to the Notification 02/2019 scheme.
Q6: Do CGST Rules for Composition Scheme apply here?
Answer:
Yes ✅. As per the inserted explanation, CGST Rules applicable to Section 10 (Composition taxpayers) apply mutatis mutandis (with necessary changes).
Q7: What does “mutatis mutandis” mean in simple terms?
Answer:
It means “with necessary changes”. So, composition rules apply as far as relevant, even though this scheme is technically different from Section 10.
Q8: Can a taxpayer paying under this scheme issue tax invoices?
Answer:
No ❌. Similar to composition taxpayers:
Tax invoices cannot be issued
Only Bill of Supply should be issued
Q9: Is Input Tax Credit allowed after opting this scheme?
Answer:
No ❌. Once opted:
ITC is not allowed on inward supplies
Earlier ITC must be reversed and lapsed
Q10: How does this affect small service providers?
Answer:
Small service providers benefit from:
Lower tax rate
Simplified compliance
But they must evaluate:
Loss of ITC
Pricing impact
👉 Need help choosing the right scheme?
🔗 https://finodha.in/gst-compliance/
Q11: How should ITC reversal be paid?
Answer:
The reversal amount can be paid via:
Electronic Credit Ledger, or
Electronic Cash Ledger
Q12: Does this notification affect GST registration?
Answer:
Indirectly, yes. Businesses opting for this scheme must:
Be registered under GST, and
Follow scheme-specific conditions
👉 Register easily with Finodha:
🔗 https://finodha.in/online-gst-registration/
Q13: How should returns be filed under this scheme?
Answer:
Returns must be filed following composition-style rules, including:
Simplified periodic returns
Disclosure of outward supplies without tax
👉 File error-free returns with Finodha:
🔗 https://finodha.in/gst-return-filing/
Q14: What happens if ITC is not reversed correctly?
Answer:
Non-reversal or incorrect reversal may lead to:
GST demand
Interest under Section 50
Penalty under Sections 73 or 74
Q15: Who should carefully review Notification No. 09/2019?
Answer:
This notification is crucial for:
Small service providers
Professionals opting concessional GST
Businesses switching from regular scheme
👉 Get expert guidance from Finodha GST Professionals:
🔗 https://finodha.in/gst-compliance/
Conclusion✅:
Notification No. 09/2019 – Central Tax (Rate) ensures that taxpayers opting for the special concessional GST scheme clearly understand their ITC obligations and compliance framework.
Download PDF: Notification No. 09/2019 - Central Tax (Rate)
More Information: https://taxinformation.cbic.gov.in/
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