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TMI BlogGST on service supplied by restaurants through e-commerce operatorsX X X X Extracts X X X X X X X X Extracts X X X X ..... evenue vide Circular No. 167/23/2021-GST dated 17th December,2021 has issued a clarification on GST on service supplied by restaurants through e-commerce operators, in order to ensure uniformity in the implementation of the provisions of law across the field formations, which is annexed herewith. In exercise of powers conferred by section 168 of the Tripura State Goods and Services Tax Act, 2017 (Tripura Act No. 9 of 2017) for the purpose of uniformity in the implementation of the Act it is instructed to follow the clarification issued vide Circular No. 167/23/2021-GST dated 17th December 2021 by the Government of India, Ministry of Finance, Department of Revenue. Chief Commissioner of State Tax Government of Tripura Encl: Circular No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect of restaurant services on which it pays tax in terms of section 9(5). On other goods or services supplied through ECO, which are not notified u/s 9(5), ECOs will continue to pay TCS in terms of section 52 of CGST Act, 2017 in the same manner at present. 2 Would ECOs have to mandatorily take a separate registration w.r.t supply of restaurant service [notified under 9(5)] through them even though they are registered to pay GST on services on their own account? As ECOs are already registered in accordance with rule 8(in Form GST-REG 01) of the CGST Rules, 2017 (as a supplier of their own goods or services), there would be no mandatory requirement of taking separate registration by ECOs for payment of tax on restaurant service under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion/fee etc. for the services it provides. The ITC is utilised by ECO for payment of GST on services provided by ECO on its own account (say, to a restaurant). The situation in this regard remains unchanged even after ECO is made liable to pay tax on restaurant service. ECO would be eligible to ITC as before. Accordingly, it is clarified that ECO shall not be required to reverse ITC on account of restaurant services on which it pays GST in terms of section 9(5) of the Act. It may also be noted that on restaurant service, ECO shall pay the entire GST liability in cash (No ITC could be utilised for payment of GST on restaurant service supplied through ECO) 7. Can ECO utilize its Input Tax Credit to pay tax w.r.t 'restaurant service' supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s other supplies to a customer under the same order. 10. Who will issue invoice in respect of restaurant service supplied through ECO - whether by the restaurant or by the ECO? The invoice in respect of restaurant service supplied through ECO under section 9(5) will be issued by ECO. 11. Clarification may be issued as regard reporting of restaurant services, value and tax liability etc in the GST return. A number of other services are already notified under section 9(5). In respect of such services, ECO operators are presently paying GST by furnishing details in GSTR 3B. The ECO may, on services notified under section 9 (5) of the CGST Act,2017, including on restaurant service provided through ECO, may continue to pay GST by furnishi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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