
The Goods and Services Tax (GST) is one of India’s most comprehensive and widely discussed economic policies in recent years. Unlike demonetization which largely drew the ire of various sections in society, media, and academia, the GST has prompted a mixed set of critiques. Although the allure of a comprehensive single taxation system, spanning the wider regional disparities of the nation is attractive, the intricacies of its implementation can tilt outcomes in one way or the other. The effects of the GST system are also different for different categories of businesses and individuals, with larger ventures usually possessing the necessary resources and expertise to navigate this complex accounting labyrinth. What, therefore, is the way out for small or medium-scale businesses which often do not have extensive resources at their disposal? The GST Council has recently announced the composition scheme which allows for a special tax-payment provision for certain eligible businesses. SMEs with an annual turnover of below 1 crore (and 75 lakh in particular states such as the North East) have the option of paying tax at a minimum favorable rate, ensuring better tax compliance and a smoother compliance process.
This GST composition scheme has certain fixed eligibility criteria. Besides the stipulation related to annual turnover rate, the SME concerned must be a supply business and operate intra-state only. Service providers are not eligible, with the exception of restaurant owners. Furthermore, at any point in the year, if the turnover rate exceeds the stipulated amount, the business will no longer be eligible to file GST under this particular scheme. The business must also not be associated with any electronic commerce operator such as Amazon or Flipkart. Multiple business verticals associated with the same PAN are considered under the same composition scheme and the businesses are not allowed to extract the composition tax from the customer or charge Input Credit Tax. The applicable rates (as a percentage of turnovers) are 1% for traders and manufacturers, 5% for restaurants, and 6% for other service providers. In order to be eligible, the business must indicate the same on the GST portal before the beginning of the fiscal year. This process involves filing a GST Form 02 at the time of registration and filing the GSTR 4 by the 18th the month falling after the quarter for which GST is being paid. A delay in the filing of GSTR 4 will attract a fine of Rs. 50 per day (Rs. 20 in the case of nil returns). For taxpayers under the composition scheme, GSTR Form 9(A) is the required form for filing tax returns. This must be filled by 31 December of the following financial year, failing which a fine of Rs. 200 per day (Rs. 100 for nil returns) will be charged. The composition scheme, to be started from the 2019 fiscal year carries a number of benefits for eligible businesses. Not only does it make the process of tax compliance easier, it significantly reduces compliance costs for small businesses which are the most severely impacted by minor changes in the economic landscape.
The MSME (Micro, Small, and Medium Enterprises) sector is one of the most prolific and vibrant in the country today. Data from the National Sample Survey Office (NSSO) estimates that in 2015-16, there were over 63 million MSM Enterprises. These created an estimated 110 million jobs and contributed a staggering 29% of the Gross Domestic Product (GDP). The MSME sector is also particularly important as India progressively moves towards an urbanized and technologically connected future. Data from the Census of 2011 tells us that 31% of India’s population is urban and both Census and NSSO estimates present a picture of rapidly growing rural to urban migration in recent decades. The post-1991 liberalization years have been the main driver of this kind of growth and it can be expected that India’s urban population will skyrocket in the coming years. The role of MSM Enterprises in this kind of economic growth and development is massive in terms of contribution to GDP, productivity growth, employment generation, and related outcomes such as social sector inclusivity and income mobility. Therefore, the particular attention paid to the composition scheme is a much-needed acknowledgment of the importance and contribution of the MSME sector to the economy as a whole.
However, despite positive steps in the right direction, there are some hurdles that continue to prevent effective inclusion for the MSME sector. Despite the staggering numbers presented in Census and NSSO data, the conditions for inclusion are so steep that as of 2018, 1,765,684 enterprises had registered under the composition scheme. Although the recent adjustment of the 1 crore turnover condition to 1.5 crores is expected to increase this number substantially, a large number of MSME ventures will continue to be excluded on the grounds of additional conditions involving the inter-state supply of goods and sale on e-commerce platforms. The composition scheme, although a vital economic tool for streamlined and higher growth in the MSME sector, must be adjusted in the coming years to make it more inclusive for the MSME sector, as a whole.
