TCS under GST

E-commerce aggregators have to deduct and deposit TCS at the rate of 2% (CGST-1% SGST 1%More about Collection of tax at source Section 52,CGST Act

(1) Every electronic commerce operator (hereafter “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.

“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.
(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 or section 39, 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.

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