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Amendment of Act 28 of 2016.

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..... ion 163, in sub-section (3), the following proviso shall be inserted, namely: Provided that the consideration received or receivable for specified services and for e-commerce supply or services shall not include the consideration, which are taxable as royalty or fees for technical services in India under the Income-tax Act, read with the agreement notified by the Central Government under sec .....

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..... clause (a) as so amended, the following clause shall be inserted, namely: (b) consideration received or receivable from e-commerce supply or services shall include (i) consideration for sale of goods irrespective of whether the e-commerce operator owns the goods; (ii) consideration for provision of services irrespective of whether service is provided or facilitated by the e-commerce .....

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..... Act. It is further proposed to insert an Explanation in clause (cb) of section 164 of the said Act to provide that for the purpose of defining e-commerce supply or service, online sale of goods and online provision of services shall include one or more of the following online activities, namely: (a) acceptance of offer for sale; (b) placing of purchase order; (c) .....

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..... n declaration. The said section, inter alia, provides that any excess amount of tax, surcharge or penalty paid in pursuance of a declaration made under the Income Declaration Scheme, 2016 shall not be refundable. The proviso to the said section provides that the Central Government may, by notification, specify a class of persons to whom the excess amount so paid shall be refundable. .....

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