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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 ..... on 9(5) of the APGST Act, 2017. Accordingly, the tax on supplies of restaurant service supplied through e- commerce operators shall be paid by the e-commerce operator. In this regard orders were issued in the Go.Ms.No.380, Revenue (CT-II) Department, dated 30.12.2021. 2. Certain representations have been received requesting for clarification regarding modalities of compliance to the GST laws in respect of supply of restaurant service through e-commerce operators (ECO). Hence Clarifcations are issued as follows: Sl No ISSUE Clarifcation 1. Would ECOs have to still collect TCS in compliance with section 52 of the APGST Act, 2017? As 'restaurant service' has been notifed under section 9(5) of the APGST Act, 2017, the ECO shall be liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alue of supplies made by the restaurant through ECOs. Accordingly, for threshold consideration or any other purpose in the Act, the person providing restaurant service through ECO shall account such services in his aggregate turnover. 5. Can the supplies of restaurant service made through ECOs be recorded as inward supply of ECOs (liable to reverse charge) in GSTR 3B? No. ECOs are not the recipient of restaurant service supplied through them. Since these are not input services to ECO, these are not to be reported as inward supply (liable to reverse charge). 6. Would ECOs be liable to reverse proportional input tax credit on his input goods and services for the reason that input tax credit is not admissible on 'restaurant service'? ECO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h supplies. Thus, present dispensation continues for ECO, on supplies other than restaurant services. On such supplies (other than restaurant services made through ECO) GST will continue to be billed, collected and deposited in the same manner as is being done at present. ECO will deposit TCS on such supplies. 9. Would 'restaurant service' and goods or services other than restaurant service sold by a restaurant to a customer under the same order be billed differently? Who shall be liable for raising invoices in such cases? Considering that liability to pay GST on supplies other than 'restaurant service' through the ECO, and other compliances under the Act, including issuance of invoice to customer, continues to lie with the respective s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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