Home Acts & Rules Finance Act / Amendment Acts Finance Acts Finance Act, 2020 Chapters List Part VI AMENDMENTS TO THE FINANCE ACT, 2016 This
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Section 153 - Amendment of Act 28 of 2016. - Finance Act, 2020Extract Amendment of Act 28 of 2016. 153. In the Finance Act, 2016,- (i) in section 163, in sub-section (3), for the word Chapter , the words, letters and figures Chapter, and to consideration received or receivable for e-commerce supply or services made or provided or facilitated on or after the 1st day of April, 2020 shall be substituted; (ii) in section 164,- (A) after clause (c), the following clause shall be inserted, namely:- '(ca) e-commerce operator means a non-resident who owns, operates or manages digital or electronic facility or platform for online sale of goods or online provision of services or both; (cb) e-commerce supply or services means- (i) online sale of goods owned by the e-commerce operator; or (ii) online provision of services provided by the e-commerce operator; or (iii) online sale of goods or provision of services or both, facilitated by the e-commerce operator; or (iv) any combination of activities listed in clause (i), (ii) or clause (iii);'; (B) in clause (d), after the words specified service , the words or e-commerce supply or services shall be inserted; (iii) in section 165, for the marginal heading, the following marginal heading shall be substituted, namely:- Charge of equilisation levy on specified services. ; (iv) after section 165, the following section shall be inserted, namely:- Charge of equalization levy on e-commerce supply of services. 165A. (1) On and from the 1st day of 1 [ April ] , 2020, there shall be charged an equalisation levy at the rate of two per cent. of the amount of consideration received or receivable by an e-commerce operator from e-commerce supply or services made or provided or facilitated by it- (i) to a person resident in India; or (ii) to a non-resident in the specified circumstances as referred to in sub-section (3); or (iii) to a person who buys such goods or services or both using internet protocol address located in India. (2) The equalisation levy under sub-section (1) shall not be charged- (i) where the e-commerce operator making or providing or facilitating e-commerce supply or services has a permanent establishment in India and such e-commerce supply or services is effectively connected with such permanent establishment; (ii) where the equalisation levy is leviable under section 165; or (iii) sales, turnover or gross receipts, as the case may be, of the e-commerce operator from the e-commerce supply or services made or provided or facilitated as referred to in sub-section (1) is less than two crore rupees during the previous year. (3) For the purposes of this section, specified circumstances mean- (i) sale of advertisement, which targets a customer, who is resident in India or a customer who accesses the advertisement 2 [ though ] internet protocol address located in India; and (ii) sale of data, collected from a person who is resident in India or from a person who uses internet protocol address located in India.'; (v) in 3 [ section ] 166, in sub-section (1), for the words equalisation levy , the words, brackets and figures equalisation levy referred to in sub-section (1) of section 165 shall be substituted; (vi) in section 166, for the marginal heading, the following marginal heading shall be substituted, namely:- Collection and recovery of equalisation levy on specified services. ; (vii) after section 166, the following section shall be inserted, namely:- Collection and recovery of equalization levy on ecommerce supply or services. 166A. The equalisation levy referred to in sub-section (1) of section 165A, shall be paid by every e-commerce operator to the credit of the Central Government for the quarter of the financial year ending with the date specified in column (2) of the Table below by the due date specified in the corresponding entry in column (3) of the said Table: TABLE Serial number Date of ending of the quarter of financial year Due date of the financial year (1) (2) (3) 1. 30th June 7th July 2. 30th September 7th October 3. 31st December 7th January 4. 31st March 31st March. ; (viii) in section 167,- (A) in sub-section (1),- (a) for the word assessee , the words assessee or e-commerce operator shall be substituted; (b) for the words specified services , the words specified services or e-commerce supply or services, as the case may be, shall be substituted; (B) in sub-section (2),- (a) for the word assessee , the words assessee or e-commerce operator shall be substituted; (b) for the words specified services was provided , the words specified services was provided or e-commerce supply or services was made or provided or facilitated shall be substituted; (C) in sub-section (3), for the word assessee at both the places where it occurs, the words assessee or e-commerce operator shall be substituted; (ix) in section 168,- (i) in sub-section (1),- (A) for the word assessee wherever it occurs, the words assessee or e-commerce operator shall be substituted; (B) in clause (b), for the words sum deductible , the words sum deductible or payable, as the case may be, shall be substituted; (C) in clause (c), for the word and figures section 166 , the words, figures and letter section 166 or section 166A shall be substituted; (D) in the proviso, for the word statement , the words statement or revised statement shall be substituted; (ii) in sub-section (2), for the word assessee , the words assessee or ecommerce operator shall be substituted; (x) in section 169,- (i) in sub-section (2), for the word assessee , the words assessee or ecommerce operator shall be substituted; (ii) in sub-section (3), for the word assessee , wherever it occurs, the words assessee or e-commerce operator shall be substituted; (iii) in sub-section (4), for the word assessee , the words assessee or ecommerce operator shall be substituted; (xi) in section 170,- (A) for the word assessee the words assessee or e-commerce operator shall be substituted; (B) for the word and figures section 166 , the words, figures and letter section 166 or section 166A shall be substituted; (xii) in section 171,- (i) for the word assessee the words assessee or e-commerce operator shall be substituted; (ii) after clause (a), the following clause shall be inserted, namely:- (aa) fails to pay the whole or any part of the equalisation levy as required under section 166A; or ; (iii) in clause (b),- (a) for the words equalisation levy , the words, brackets and figures equalisation levy referred to in sub-section (1) of section 165 shall be substituted; (b) in the long line, in sub-clause (i), for the words deduct; and , the following shall be substituted, namely:- deduct; (ia) in the case referred to in clause (aa), in addition to the levy in accordance with the provisions of that section, or interest, if any, in accordance with the provisions of section 170, a penalty equal to the amount of equalisation levy that he failed to pay; and ; (xiii) in section 172, for the word assessee , the words assessee or e-commerce operator shall be substituted; (xiv) in section 173,- (i) in sub-section (1), for the word assessee , the words assessee or e-commerce operator shall be substituted; (ii) in sub-section (2), for the word assessee , the words assessee or e-commerce operator shall be substituted; (xv) in section 174, in sub-section (1), for the word assessee , the words assessee or e-commerce operator shall be substituted; (xvi) in section 175,- (i) in sub-section (1), for the word assessee , the words assessee or e-commerce operator shall be substituted; (ii) in sub-section (3), for the word assessee , the words assessee or e-commerce operator shall be substituted; (xvii) in section 178, for the word and figures sections 120 the word and figures sections 119, 120 shall be substituted; (xviii) in section 180, in sub-section (1), for the words expiry of a period of two years from the date on which the provisions of this Chapter come into force , the figures, letters and words 31st day of March, 2022 shall be substituted. ************ NOTES:- 1. Corrected vide CORRIGENDA NO. 12 OF 2020 dated 15-04-2020 w.e.f. 27-03-2020 before it was read as Apirl 2. Corrected vide CORRIGENDA NO. 12 OF 2020 dated 15-04-2020 w.e.f. 27-03-2020 before it was read as though 3. Corrected vide CORRIGENDA NO. 12 OF 2020 dated 15-04-2020 w.e.f. 27-03-2020 before it was read as section
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