Notwithstanding anything to the contrary contained in this Act
but subject to the provisions of sub-sections (3) and (4) of section 9,
a registered person, whose aggregate turnover in the preceding
financial year did not exceed fifty lakh rupees may opt to p ay, *[in
lieu of the tax payable by him under sub-section (1) of section 9, an
amount calculated at such rate ] as may be prescribed, but not
exceeding,-
[substituted by 2019 Amd Act s.5(1) (a)]
(a) one per cent of the turnover in State in case of a manufacturer,
(b) two and a half per cent. of the turnover in State in case of persons
engaged in making supplies referred to in clause (b) of paragraph 6
of Schedule II, and
(c) half per cent of the turnover in State in case of other suppliers,
subject to such conditions and restrictions as may be prescribed:
Provided that the Government may, by notification, increase the said
limit of fifty lakh rupees to such higher amount, not exceeding **[one
crore and fifty lakh rupees, as may be recommended by the Council].
[substituted by 2019 Amd Act s.5(1) (b)]
*[Provided further that a person who opts to pay tax under clause (a) or
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 the State in the preceding financial year or five lakh
rupees,whichever is higher.]
[inserted by 2019 Amd Act s.5(1) (c)]
(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 other than supplies referred to in clause (b) of
paragraph 6 of Schedule II;
[substituted by 2019 Amd Act s.5(2)]
(b) he is not engaged in making any supply of goods which are not
leviable to tax under this Act;
(c) he is not engaged in making any inter - State outward supplies of
goods;
(d) he is not engaged in making any supply of goods through an
electronic commerce opera tor who is required to collect tax at
source under section 52; and
(e) he is not a manufacturer of such goods as may be notified by the
Government on the recommendations of the Council:
Provided that where more than one registered person are having the
same Permanent Account Number (issued under the Income-tax Act
1961), the registered person shall not be eligible to opt for the
scheme under sub-section (1) unless all such registered persons opt
to pay tax under that subsection.
(3) The option availed of by a registered person under sub-section (1)
shall lapse with effect from the day on which his aggregate turnover
during a financial year exceeds the limit specified under subsection
(1).
(4) A taxable person to whom the provisions of sub-section (1) apply
shall not collect any tax from the recipient on supplies made by him
nor shall he be entitled to any credit of input tax.
(5) If the proper officer has reasons to believe that a taxable person
has paid tax under sub -section (1) despite not being eligible, s uch
person shall, in addition to any tax that may be payable by him under
any other provisions of this Act, be liable to a penalty and the
provisions of section 73 or section 74 shall, mutatis mutandis, apply
for determination of tax and penalty.
Power to grant exemption from tax.-
Section 10 • THE ASSAM GOODS AND SERVICES TAX ACT, 2017
Section 10.(1). 1
assam-goods-and-services-tax-act-2017-sec-10.json
•
Section 10
{
"act_title": "THE ASSAM GOODS AND SERVICES TAX ACT, 2017",
"act_slug": "assam-goods-and-services-tax-act-2017",
"section_label": "Section",
"section": {
"number": "10",
"title": "Section 10.(1). 1",
"chapter": null,
"content": "Notwithstanding anything to the contrary contained in this Act \nbut subject to the provisions of sub-sections (3) and (4) of section 9, \na registered person, whose aggregate turnover in the preceding \nfinancial year did not exceed fifty lakh rupees may opt to p ay, *[in \nlieu of the tax payable by him under sub-section (1) of section 9, an \namount calculated at such rate ] as may be prescribed, but not \nexceeding,- \n[substituted by 2019 Amd Act s.5(1) (a)] \n(a) one per cent of the turnover in State in case of a manufacturer, \n(b) two and a half per cent. of the turnover in State in case of persons \nengaged in making supplies referred to in clause (b) of paragraph 6 \nof Schedule II, and \n(c) half per cent of the turnover in State in case of other suppliers, \nsubject to such conditions and restrictions as may be prescribed: \nProvided that the Government may, by notification, increase the said \nlimit of fifty lakh rupees to such higher amount, not exceeding **[one \ncrore and fifty lakh rupees, as may be recommended by the Council]. \n[substituted by 2019 Amd Act s.5(1) (b)] \n*[Provided further that a person who opts to pay tax under clause (a) or \nclause (b) or clause (c) may supply services (other than those referred to in \nclause (b) of paragraph 6 of Schedule II}, of value not exceeding ten per cent \nof turnover in the State in the preceding financial year or five lakh \nrupees,whichever is higher.] \n[inserted by 2019 Amd Act s.5(1) (c)] \n(2) The registered person shall be eligible to opt under sub-section \n(1), if- \n(a) *[save as provided in sub -section (1)] ,he is not engaged in the \nsupply of services other than supplies referred to in clause (b) of \nparagraph 6 of Schedule II; \n[substituted by 2019 Amd Act s.5(2)] \n(b) he is not engaged in making any supply of goods which are not \nleviable to tax under this Act; \n(c) he is not engaged in making any inter - State outward supplies of \ngoods; \n(d) he is not engaged in making any supply of goods through an \nelectronic commerce opera tor who is required to collect tax at \nsource under section 52; and \n(e) he is not a manufacturer of such goods as may be notified by the \nGovernment on the recommendations of the Council: \nProvided that where more than one registered person are having the \nsame Permanent Account Number (issued under the Income-tax Act \n1961), the registered person shall not be eligible to opt for the \nscheme under sub-section (1) unless all such registered persons opt \nto pay tax under that subsection. \n(3) The option availed of by a registered person under sub-section (1) \nshall lapse with effect from the day on which his aggregate turnover \nduring a financial year exceeds the limit specified under subsection \n(1). \n(4) A taxable person to whom the provisions of sub-section (1) apply \nshall not collect any tax from the recipient on supplies made by him \nnor shall he be entitled to any credit of input tax. \n(5) If the proper officer has reasons to believe that a taxable person \nhas paid tax under sub -section (1) despite not being eligible, s uch \nperson shall, in addition to any tax that may be payable by him under \nany other provisions of this Act, be liable to a penalty and the \nprovisions of section 73 or section 74 shall, mutatis mutandis, apply \nfor determination of tax and penalty. \nPower to grant exemption from tax.-",
"footnote": "",
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"sort_order": 110
},
"prev_section": "9",
"next_section": "11"
}