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Selling via Websites ? Is GST Registration Mandatory?

Writer's picture: Taxgen TeamTaxgen Team

Selling Goods via Own or Other's Website as Electronic Commerce Operator



1. What is a E-Commerce Operator? 1.A As per CGST Act Section 2(45) defines “electronic commerce operator” means

any person who

owns

operates or

manages digital or

electronic facility or

platform for

electronic commerce


2(44) “electronic commerce” means the supply of goods or services or both, including digital products

  • over digital or electronic network.



2.What are Provisions to Mandatory Registration Concepts Relating to E-Commerce Business

24. Compulsory registration in certain cases


(ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52;


(x) every electronic commerce operator who is required to collect tax at source under section 52 ;


Hence unless the ECO is liable to deduct tax , he is not liable to be registered.


3.What is TCS under GST by ECO?

Section 52 of CGST Act 2017

52. Collection of tax at source by ECO

(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.


ECO is required to collect TCS only when other person supplies through him.


 

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