S-194-O Payment of certain sums by the e-commerce operator to participant

S-194-O Payment of certain sums by the e-commerce operator to e-commerce participant

Where Sale of goods or provision of services of an e-commerce participant is facilitated by an e-commerce operator through its digital or electronic facility or platform (by whatever name called),

Such e-commerce operator shall, at the time of credit of the amount of sale or services or both to the account of an e-commerce participant or at the time of payment thereof to such e-commerce participant by any mode, whichever is earlier,

Deduct income tax at the rate of 1% of the gross amount of such sales or services or both.

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Explanation

For the purposes of this subsection, any payment made by a purchaser of goods or recipient of services directly to an e-commerce participant for the sale of goods or provision of services or both, facilitated by an e-commerce operator, shall be deemed to be the amount credited or paid by the e-commerce operator to the e-commerce participant and shall be included in the gross amount of such sale or services for the purpose of deduction of income-tax under this sub-section.

No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of an e-commerce participant, being an individual or HUF, where the gross amount of such sale or services or both during the previous year does not exceed Rs. 5 Lakhs and such e-commerce participant has furnished his PAN/ AADHAAR to the e-commerce operator.

A transaction in respect of which tax has been deducted by the e-commerce operator or which is not liable to deduction under this section, shall not be liable to tax deduction at source under any other provision of this Chapter.

For the purposes of this section, the e-commerce operator shall be deemed to be the person responsible for paying e-commerce participants.

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electronic commerce means the supply of goods or services or both, including digital products, over a digital or electronic network;

e-commerce operator means a person who owns, operates or manages digital or electronic facility or platform for electronic commerce;

e-commerce participant means a person resident in India selling goods or providing services or both, including digital products, through the digital or electronic facility or platform for electronic commerce;

services include “fees for technical services” and fees for “professional services”, as defined in the Explanation to section 194J.

Fix issues with the Income Tax e-filing portal by September 15, 2021: FM to Infosys

Fix issues with the Income Tax e-filing portal by September 15, 2021: FM to Infosys

The Finance Ministry met with Infosys to discuss issues with the Income Tax Department’s e-filing portal.

Smt. Nirmala Sitharaman, Union Minister for Finance and Corporate Affairs, met with Mr Salil Parekh, MD & CEO, Infosys, here today afternoon to express the Government’s and taxpayers’ deep disappointment and concerns about the ongoing glitches in the Income Tax Department’s e-filing portal, even two and a half months after its launch, which was also delayed. Smt. Sitharaman demanded an answer from Infosys for the taxpayers’ ongoing problems.

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The Ministry of Finance emphasised the necessity for Infosys to invest more resources and effort in order to assure the much-delayed delivery of agreed-upon services. Mr. Parekh was also made aware of the challenges faced by taxpayers, as well as the issues that have arisen as a result of the portal’s slow operation.

The Finance Minister demanded that the team overcome the challenges that taxpayers are having with the portal’s present features by September 15, 2021, so that taxpayers and professionals may work together effortlessly on the platform.

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Mr. Parekh stated that he and his staff are doing all possible to ensure the portal’s flawless operation. Mr. Parekh further stated that around 750 team members are working on this project, which is being directly overseen by Mr. Pravin Rao, Infosys’ COO. Mr. Parekh also stated that Infosys is working quickly to ensure that taxpayers have a smooth experience on the platform.

GST – E-Commerce operators and suppliers

Return filing under GST by E-Commerce operators and suppliers

Under the GST law, an ordinary citizen will be required to outfit three returns month to month and one yearly return. In any case, for specific classes of citizens, there are particular structures that should be documented alongside some specific disclosures.

In this article, we will restrain our discourse to return documenting consistency under GST by web based business administrators and Suppliers.

Find here every one of the insights about different GST return shapes, their materialness, and due dates.

Return Forms to be Filed by E-tailers and Suppliers

Return Form What to file? By When?
GSTR-1 Details of outward supplies of taxable goods and/or services effected 10th of the next month
GSTR-2 Details of inward supplies of taxable goods and/or services affected claiming input tax credit 15th of the next month
GSTR-3 Monthly return on the basis of finalization of details of outward supplies and inward supplies along with the payment of the amount of tax. 20th of the next month
GSTR-8 Details of supplies effected through e-commerce operator and the amount of tax collected 10th of the next month
GSTR-9 Annual Return 31st December of next financial year

Let’s perceive how things function through a case. We should expect Mr.A, a broker offers his craftsmanship items through web based business administrator, Amazon

  • On offering the items Mr. A, the provider will document Form GSTR-1 (Outward supply subtle elements), subsequently, the purchaser will have the capacity to see the buys in Form GSTR-2A(Inward supplies points of interest) that gets naturally populated on the recording of GSTR1 by the provider.
  • Purchaser will demonstrate the points of interest of all buys and document GSTR 2
  • The expansion and change done by the purchaser, the beneficiary in Form GSTR-2 will be made accessible to the provider in Form GSTR-1A for his acknowledgment.
  • On the off chance that there is any befuddle between subtle elements provided by provider and beneficiary, a similar will be conveyed by the office
  • Both the gatherings will then make an important alteration, augmentations (assuming any). as indicated by the GST Rules.
  • The TCS gathered by Amazon will be deducted from yield impose before ascertaining the assessment liability.

NOTE: Input credit will be available only when the Monthly returns (Form GSTR-3) are filed by the supplier along with paying tax. The final acceptance of Input Tax credit will be communicated in Form GST ITC-1.

Let’s understand the various rules and their implications in greater detail in case of e-tailers and suppliers

A) Norm and Manner of accommodation of articulation of provisions affected through online business [Rule 8]

(1) Every e-Commer administrator who needs to gather assets at source should outfit an announcement in FORM GSTR-8. Here the administrator will reveal the subtle elements of supplies(goods/administrations) affected through it and the measure of expense gathered.

(2) The subtle elements so outfitted by the administrator will be made accessible electronically to each of the providers in Part D of FORM GSTR-2A(which is a simple auto populace of counter-party i.e provider’s GSTR1 where provider more likely than not uncovered his deals) on the Common Portal after the due date of documenting of FORM GSTR-8.

B) Matching of details furnished by the e-Commerce operator with the details furnished by the supplier

Under GST law detailing, exceptional concentrate has been on coordinating idea. The thought is to ensure that every one of the providers and beneficiaries makes full exposure of the exchanges affected in the chain(from the production of products till it is devoured) to keep a beware of tax avoidance by underreporting and furthermore to guarantee a consistent stream of info credit. Subsequently, the arrival frames are additionally drafted in like manner making it required for the arrival filers to give the points of interest.

The accompanying subtle elements identifying with the provisions made through an eCommerce administrator, as proclaimed in FORM GSTR-8, might be coordinated with the relating points of interest pronounced by the provider in FORM GSTR-1

(a) GSTIN of the supplier

(b) GSTIN/UIN of the recipient, if the recipient is a registered taxable person

(c) State of place of supply

(d) Date of invoice of the supplier

(e) Invoice Number of the supplier

(f) Tax rate

(g) Taxable value

(h) Tax amount

In situations where the provider is not required to outfit the points of interest independently for each supply, the accompanying subtle elements identifying with such supplies made through an online business administrator, as proclaimed in FORM GSTR-8, should be coordinated with the relating points of interest announced by the provider in FORM GSTR-1

(a) GSTIN of the supplier

(b) State of place of supply

(c) Tax rate

(d) Total taxable value of all supplies made in the State

(e) Tax amount on all supplies made in the State

GST by E-Commerce

C) Communication and Rectification of Discrepancy in details [Rule 20]

On the off chance that the office finds any disparity in the points of interest outfitted by the administrator and those announced by the provider, a similar will be imparted to the gatherings electronically in FORM GST ITC-1 through the Common Portal prior to the last date of the month in which the coordinating has been done.

  1.   Rectification by Supplier:

    In case, where there is a mismatch and rectification has to be made by supplier, he will be required to make suitable rectifications in the statement of outward supplies to be furnished for the month in which the discrepancy is made available.

  2. Rectification by Operator:

    An operator to whom any discrepancy is reported will have to make suitable rectifications in the statement to be furnished for the month in which the discrepancy is made available.

On the off chance that the jumble is not redressed by both the gatherings, the provider will have a sum to the degree of disparity should be added to the yield charge risk of the provider in his arrival in FORM GSTR-3 for the month succeeding the month in which the points of interest of error are influenced accessible and such option to the yield to assess obligation and intrigue payable consequently might be made accessible to the provider electronically on the Common Portal in FORM GST ITC-1.