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TAX COLLECTED AT SOURCE UNDER GST REGIME

Goods and Services Tax - GST - By: - Mr. M. GOVINDARAJAN - Dated:- 22-4-2017 - Section 9 of the Act deals with levy and collection of tax. Section 9(5) provides that the Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he i .....

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erator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax. Section 52 of the Act elaborately discusses the collection of tax at source. Before knowing the procedure for collection of tax at source we may see definitions for some terms. Electronic Commerce operator Section 2(45) defines the term electronic commerce operator as any person who owns, operates or manages digital or electronic facility or platform for electronic com .....

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by the aggregate value of taxable supplies returned to the suppliers during the said month. Concerned supplier The explanation to Section 52(14) defines the expression concerned supplier as the supplier of goods or services or both making supplies through the electronic commerce operator. Collection of tax Section 52(1) provides that every electronic commerce operator, not being an agent, shall collect an amount calculated at such rate not exceeding 1% as may be notified by the Government on th .....

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nt collected shall be paid by debiting the electronic cash ledger and the electronic tax liability register shall be credited accordingly. Filing of Statement Section 52(4) provides that every electronic commerce operator, who collects the amount shall furnish a statement, electronically, containing the details of outward supplies of goods or services or both effected through it, including the supplies of goods or services or both returned through it, and the amount collected during a month, in .....

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it, including the supplies of goods or services or both returned through it, and the amount collected during the said financial year, in such form and manner as may be prescribed, before the 31st day of December following the end of such financial year. Rectification of statement Section 52(6) provides that if any electronic commerce operator, after furnishing a statement discovers any omission or incorrect particulars therein, other than a result of scrutiny, audit, inspection or enforcement a .....

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is earlier. Matching the details Section 52(7) provides that the supplier who has supplied the goods or services or both through the electronic commerce operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the electronic commerce operator in such manner as may be prescribed. Section 52(8) provides that the details of supplies furnished by every electronic commerce operator shall be matched with the corresponding details of outward .....

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hich is not rectified by the supplier in the valid return or the electronic commerce operator in his statement for the month in which discrepancy is communicated, shall be added to the output tax liability of the said supplier, where the value of the outward supplies furnished by the operator is more than the value of outward supplies furnished by the supplier, in his return for the month succeeding the month in which the discrepancy is communicated in such manner as may be prescribed. Section 5 .....

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n Form GSTR - 1- GSTIN of the supplier; GSTIM or UIN of the recipient, if the recipient is a registered person; State of place of supply; Invoice number of the supplier; Date of invoice of the supplier; Taxable value; and Tax amount For all supplies where the supplier is not required to furnish the details separately for each supply, the following details relating to such supplies made through an e-Commerce operator, as declared in Form GSTR - 8 shall be matched with the corresponding details de .....

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ier electronically in Form GST MIS - 5 and to the e-commerce portal electronically in Form GST MIS - 6 through the common portal on or before the last date of the month in which the matching has been carried out. A supplier to whom any discrepancy is made available may make suitable rectifications in the Statement of outward supplies to be furnished for the month in which the discrepancy is made available. An operator to whom any discrepancy is made may make suitable rectifications in the statem .....

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IS - 5. Furnishing of information Section 52 (12) provides that any authority below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the electronic commerce operator to furnish such details relating to- supplies of goods or services or both effected through such operator during any period; or stock of goods held by the suppliers making suppliers through such electronic commerce operator in the godowns or warehouse .....

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