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Ecommerce taxed in GST Draft
Please correct me if i am wrong, but does the below provision apply tax on ecommerce transactions? Excerpt from Draft GST Act

43B. Definitions
In this Chapter, unless the context otherwise requires, -
(a) ‘aggregator’ means a person, who owns and manages an electronic platform, and
by means of the application and a communication device, enables a potential customer
to connect with the persons providing service of a particular kind under the brand name
or trade name of the said aggregator;
(b) ‘brand name or trade name’ means, a brand name or a trade name, whether
registered or not, that is to say, a name or a mark, such as an invented word or writing,
or a symbol, monogram, logo, label, signature, which is used for the purpose of
indicating, or so as to indicate a connection, in the course of trade, between a service
and some other person using the name or mark with or without any indication of the
identity of that person;
© ‘branded Services’ means services which are supplied by an electronic commerce
operator under its own brand name or trade name, whether registered or not;
(d) ‘electronic commerce’ shall mean the supply or receipt of goods and / or services,
or transmitting of funds or data, over an electronic network, primarily the internet, by
using any of the applications that rely on the internet, like but not limited to e-mail,
instant messaging, shopping carts, Web services, Universal Description, Discovery and
Integration (UDDI), File Transfer Protocol (FTP), and Electronic Data Interchange (EDI),
whether or not the payment is conducted online and whether or not the ultimate delivery
of the goods and/or services is done by the operator;
(e) ‘electronic commerce operator’ shall include every person who, directly or
indirectly, owns, operates or manages an electronic platform that is engaged in
facilitating the supply of any goods and/or services or in providing any information or
any other services incidental to or in connection there with but shall not include persons
engaged in supply of such goods and/or services on their own behalf.
43C. Collection of tax at source
(1) Notwithstanding anything to the contrary contained in the Act or in any contract,
arrangement or memorandum of understanding, every electronic commerce operator
(hereinafter referred to in this section as the “operator”) shall, at the time of credit of
any amount to the account of the supplier of goods and/or services or at the time of
payment of any amount in cash or by any other mode, whichever is earlier, collect an
amount, out of the amount payable or paid to the supplier, representing consideration
towards the supply of goods and /or services made through it, calculated at such rate as
may be notified in this behalf by the Central/State Government on the recommendation
of the Council.
(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.
Page 64 of 190
(3) The amount collected under sub-section (1) shall be paid to the credit of the
appropriate Government by the operator within ten days after the end of the month in
which such collection is made, in the manner prescribed.
(4)(a) Every operator shall, furnish a statement, electronically, of all amounts collected
under sub-section (1), towards outward supplies of goods and/or services effected
through it, during a calendar month, in such form and manner as may be prescribed,
within ten days after the end of such calendar month.
(b) The statement under clause (a) shall contain, inter alia, the details of the amount
collected on behalf of each supplier in respect of all supplies of goods and/or services
effected through the operator and the details of such supplies during the said calendar
(5) Any amount collected in accordance with the provisions of this section and paid
to the credit of the appropriate Government shall be deemed to be a payment of tax on
behalf of the concerned supplier and the supplier shall claim credit, in his electronic cash
ledger, of the tax collected and reflected in the statement of the operator filed under
sub-section (4), in the manner prescribed.
(6) The details of supplies and the amount collected under sub-section (1) during a
calendar month, and furnished by every operator under sub-section (4), shall, in the
manner and within the period prescribed, be matched with the corresponding details of
outward supplies furnished by the concerned supplier in his valid return for the same
calendar month or any preceding calendar month.
(7) Where the details of outward supply, on which the tax has been collected, as
declared by the operator under sub-section (4) do not match with the corresponding
details declared by the supplier under section 25, the discrepancy shall be communicated
to both persons in the manner and within the time as may be prescribed.
(8) The value of a supply relating to any payment in respect of which any discrepancy
is communicated under sub-section (7) and which is not rectified by the supplier in his
valid return for the month in which discrepancy is communicated shall be added to the
output liability of the said supplier, in the manner as may be prescribed, for the calendar
month succeeding the calendar month in which the discrepancy is communicated.
(9) The concerned supplier shall, in whose output tax liability any amount has been
added under sub-section (8), be liable to pay the tax payable in respect of such supply
along with interest, at the rate specified under sub-section (1) of section 36 on the
amount so added from the date such tax was due till the date of its payment.
(10) Any authority not below the rank of Joint Commissioner may, by notice, either
before or during the course of any proceeding under this Act, require the operator to
furnish such details relating to—
(a) supplies of goods and/or services 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
operators and declared as additional places of business by such suppliers -
as may be specified in the notice.
(11) Every operator on whom a notice has been served under sub-section (10) shall
furnish the required information within five working days of the date of service of such
Page 65 of 190
(12) Any person who fails to furnish the information required by the notice served
under sub-section (10) shall, without prejudice to any action that is or may be taken
under section 66, be liable to a penalty which may extend to rupees twenty-five
Explanation— For the purposes of this section, the expression ‘concerned supplier’ shall
mean the supplier of goods and/or services making supplies through the operator.”

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How will we charge and how will we pay it to govt , Kush ji kindly guide

Sent from my iPhone usring AIOVA
Sorry, just found out, this is like TDS. Where ecoms will deduct an amount from our payment and deposit in government. Our tax liability remains same

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In current scenario most of the website payment data are not trustworthy. There will be lot of discrepancies in supplier's & website data.
Any discrepancy will be communicate to both the parties but liability will remain on the Supplier. It will be the duty of supplier to pay taxes for any discrepancy. But what if the data provided by the website is wrong and we are fighting with them to correct it. We all know how efficient their seller support teams are..
[-] The following 1 user says Thank You to Sachin Chawada for this post:
  • KGA
It is already happening in many states where data is being shared

Sent from my iPhone usring AIOVA

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