Collection of tax at source

You are here :Home>Bare Law>Collection of tax at source
Collection of tax at source 2017-04-13T23:31:39+00:00
Viewing 2 posts - 1 through 2 (of 2 total)
  • Author
    Posts
  • Ashish BadalaCA Ashish Badala
    Moderator
    Post count: 184
    Topics: 181
    Replies: 3
    Been thanked: 5 times
    #894 |

    (1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the “operator”), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator.
    Explanation.–For the purposes of this sub-section, the expression “net value of taxable supplies” shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under sub-section (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month.
    (2) The power to collect the amount specified in sub-section (1) shall be without prejudice to any other mode of recovery from the operator.
    (3) The amount collected under sub-section (1) shall be paid to the Government by the operator within ten days after the end of the month in which such collection is made, in such manner as may be prescribed.
    (4) Every operator who collects the amount specified in sub-section (1) 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 under sub-section (1) during a month, in such form and manner as may be prescribed, within ten days after the end of such month.
    (5) Every operator who collects the amount specified in sub-section (1) shall furnish an annual 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 under the said sub-section during the financial year, in such form and manner as may be prescribed, before the thirty first day of December following the end of such financial year.
    (6) If any operator after furnishing a statement under sub-section (4) discovers any omission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection or enforcement activity by the tax authorities, he shall rectify such omission or incorrect particulars in the statement to be furnished for the month during which such omission or incorrect particulars are noticed, subject to payment of interest, as specified in sub-section (1) of section 50:
    Provided that no such rectification of any omission or incorrect particulars shall be allowed after the due date for furnishing of statement for the month of September following the end of the financial year or the actual date of furnishing of the relevant annual statement, whichever is earlier.
    (7) The supplier who has supplied the goods or services or both through the operator shall claim credit, in his electronic cash ledger, of the amount collected and reflected in the statement of the operator furnished under sub-section (4), in such manner as may be prescribed.
    (8) The details of supplies furnished by every operator under sub-section (4) shall be matched with the corresponding details of outward supplies furnished by the concerned supplier registered under this Act in such manner and within such time as may be prescribed.
    (9) Where the details of outward supplies furnished by the operator under sub-section (4) do not match with the corresponding details furnished by the supplier under section 37, the discrepancy shall be communicated to both persons in such manner and within such time as may be prescribed.
    (10) The amount in respect of which any discrepancy is communicated under sub-section (9) and which is not rectified by the supplier in his valid return or the 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 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.
    (11) The concerned supplier, in whose output tax liability any amount has been added under sub-section   (10), shall pay the tax payable in respect of such supply along with interest, at the rate specified under sub-section (1) of section 50 on the amount so added from the date such tax was due till the date of its payment.
    (12) Any authority not below the rank of Deputy Commissioner may serve a notice, either before or during the course of any proceedings under this Act, requiring the operator to furnish such details relating to-
    (a) supplies of goods or services or both effected through such operator during any period; or
    (b) stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers,
    as may be specified in the notice.
    (13) Every operator on whom a notice has been served under sub-section (12) shall furnish the required information within fifteen working days of the date of service of such notice.
    (14) Any person who fails to furnish the information required by the notice served under sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees.
    Explanation.-For the purposes of this section, the expression “concerned supplier” shall mean the supplier of goods or services or both making supplies through the operator.

    Priya MadrechaPriya Madrecha
    Moderator
    Post count: 280
    Topics: 4
    Replies: 276
    Been thanked: 1 time

    52.1  Introduction
    This Section provides for collection of tax at source in certain circumstances. The Section specifically lists out the tax collecting persons who are mandated by the Central Government to collect tax at source, the rate of tax collection and the procedure for remittance of the tax collected. The amount of tax collected is reflected in the Electronic Cash Ledger of the person from who tax collected.
    Provisions which are common under CGST (,UTGST) and SGST Act have been analyzed herein.
    52.2  Analysis
    (i)    Every E-Commerce Operator shall collect TCS at a rate not exceeding 1% on the net value of transaction in which he collects consideration of the supply. Please note that if there is returning of supplies to Suppliers, then the same shall be reduced from the gross value; TCS shall be worked on such net figure only(after such reduction). It is pertinent to note the following definitions here –
    Section 2 (44), –
    “electronic commerce” means the supply of goods or services or both, including digital products over digital or electronic network;
    Section 2 (45),  –
    “electronic commerce operator” means any person who owns, operates or manages
    digital or electronic facility or platform for electronic commerce
    (ii)    The amount collected so shall be paid to the Central/State Government respectively within ten days after the end of the month in which such collection is made.
    (iii)    In case the E-commerce operator fails to collect to tax under sub-section 1 of section 52 or collects an amount which is less than the amount required to be collected under said sub-section or where he fails to pay to the government the amount collected as tax under sub-section 3 of section 52, he shall be liable to penalty under clause (vi) of subsection 1 of section 122 of the Act, i.e. Rs.10,000 or the amount of TCS involved, whichever is higher.
    (iv)    E-Commerce operator shall furnish details of outward supplies of goods or services or both made through it, including the supplies returned through it and the amount collected by it in sub-section 1, in Form GSTR-8 within the 10 days after end of the month in which supplies are made.
    (v)    The details of tax collected at source furnished by an E-commerce operator under section 52 in Form GSTR-8 shall be made available to the supplier in Part D of FORM GSTR – 2A electronically through the Common Portal and such taxable person may include the same in FORM GSTR-2.”
    (vi)    Section 52 (5) of CGST Act requires filing of Annual Statement by E-Commerce operator on or before 31st December following the year end (31st March of relevant year).
    (vii)    The amount of tax collected is reflected in Electronic Cash Ledger of supplier since related monthly return is filed by E-Commerce Operator.
    (viii)    Any mismatch between the data submitted by the E-Commerce operator in his monthly returns and that of suppliers making supplies through him shall cause due ‘mismatch enquiry’ from the proper officer; and either party may rectify the erroneous data. If rectification is not carried out by supplier his offence get confirmed. Short remittance, if any, identified thus will have to be paid by erring supplier (who under reported the turnover) with interest calculated as per Section 50.
    (ix)    Any authority, in the rank of Deputy Commissioner or above it can issue a notice – during, or before a proceeding under this Act – to E Commerce Operator seeking information on –
    (a)    supplies of goods or services or both effected through such operator during any period; or
    (b)    stock of goods held by the suppliers making supplies through such operator in the godowns or warehouses, by whatever name called, managed by such operator and declared as additional places of business by such suppliers, as may be specified in the notice.
    This shall be a notice which need to be responded within 15 days from the date of receipt by the E Commerce Operator. Failure to submit the required details will cause penalty under Section 52 (14) of the Act which may extend to Rs. 25,000.
    (x)    UTGST Act 2017, subject to its own provisions, adopts the provisions in CGST Act in respect of Tax Collection at Source mutatis mutandis (Ref: Sec 21 of UTGST Act).
    52.3  FAQ
    Q1. Who are the ‘persons’ liable to make collection of tax under Section 52 of CGST/SGST Act?
    Ans. E Commerce operator (as defined in Section 2 (45)) is the person to collect the tax on net value of taxable supply by him/her.
    Q2.     What is a Net Value of Taxable Supply for the purpose of TCS U/s 52 of the Act?
    Ans. The expression “net value of taxable supplies” shall mean the aggregate value of taxable supplies of goods or services or both, other than services notified under subsection (5) of section 9, made during any month by all registered persons through the operator reduced by the aggregate value of taxable supplies returned to the suppliers during the said month.
    Q3.     Which format of monthly return has to be filed by E Commerce Operator?
    Ans. Tax collecting E Commerce operator shall use GSTR 8 return to make statement of outward supplies made through him in that particular month.
    Draft Rules on Returns read as follows –
    “The details of tax collected at source furnished by an e-commerce operator under section 52 in FORM GSTR-8 shall be made available to the concerned supplier* in Part D of FORM GSTR – 2A electronically through the Common Portal and such taxable person may include the same in FORM GSTR-2.”
    Q4. Whether an E Commerce operator collected tax should file any annual return? What is the format thereof?
    Ans.  Section 52 (5) of CGST/SGST Act requires filing of Annual Statement by E Commerce operator on or before 31st December following the year end (31st March of relevant year). However, Rule 21 of Draft Rules on Returns at present excludes explicitly the tax collecting parties under Section 52. Rule 21, ibid, reads as follows –
    (1) Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return as specified under sub-section (1) of section 44 electronically…
    This contradiction, may be set right by law makers before making fine text of rules.
    Q5. What is the penalty if an E Commerce operator failed to respond as required in a notice issued by Deputy Commissioner or an officer of higher rank?
    Ans.  Failure to submit the required details will cause penalty Under Section 52 (14) of the Act upto Rs. 25,000. In addition to this, penalty under section 122 of the Act ‘shall’ also be there (Rs. 10,000 or the amount of TCS involved, whichever is higher).
    52.4  MCQ
    Q1.     Tax Collection at Source under Section 52 of CGST Law shall be at the rate of:
    (a)     1% (b)     2%
    (c)    0.5%
    (d)    A percentage not exceeding 1%.
    Ans. (d) A percentage not exceeding 1%
    Q2. The amount of tax collected by the E Commerce Operator has to be paid to the credit of the appropriate Government within ………… days after the end of the month in which such TCS is made: (a) 5 days
    (b)    10 days
    (c)    15 days
    (d)    20 days
    Ans. (b) 10 days
    Q3.     E Commerce operators should file:
    (a)    Monthly returns only
    (b)    Annual return only
    (c)    Quarterly return only
    (d)    Monthly Returns as well as Annual Return
    Ans. (d) Monthly Returns as well as Annual Return
    Q4.     A notice to E Commerce operators seeking information can be issued by:
    (a)    Superintendent
    (b)    Inspector
    (c)    Assistant Commissioner
    (d)    Deputy Commissioner
    Ans. (d) Deputy Commissioner
    Q5. E Commerce operator received notice which sought information as per Section 52 of the CGST Act but he failed to duly respond to the same. The penalty –
    (a)    Shall not be there
    (b)    Penalty U/s 52 shall be there
    (c)    Penalty U/s 122 may be there
    (d)    Both the penalty U/s 52 as well as 122 shall be there Ans. (d) Both the penalty U/s 52 as well as 122 shall be there

Viewing 2 posts - 1 through 2 (of 2 total)

You must be logged in to reply to this topic.