Law Committee, GST Council has released FAQs on “TCS under GST”.

TCS being implemented w.e.f 1st October, 2018

Some of the major ones are listed herein

· Registration for TCS required in each State / UT as the obligation for collecting TCS would be there for every intraState or inter-State supply. In order to facilitate the obtaining of registration in each State / UT, the e-commerce operator may declare the Head Office as its place of business for obtaining registration in that State / UT where it does not have physical presence.

· Where registered supplier is supplying goods or services through a foreign e-commerce operator to a customer in India, such foreign ecommerce operator would be liable to collect TCS on such supply and would be required to obtain registration in each State / UT. If the foreign e-commerce operator does not have physical presence in a particular State / UT, he may appoint an agent on his behalf.

· TCS is not required to be collected on exempt supplies.

· TCS is not required to be collected on supplies on which the recipient is required to pay tax on reverse charge basis

· As per section 10(2)(d) of the CGST Act, 2017, a composition taxpayer cannot make supplies through e-commerce operator. Thus, question of collecting TCS in respect of supplies made by the composition taxpayer does not arise

· TCS is not liable to be collected on import of goods or services.

· For multiple e- commerce operators, TCS is to be collected by that e-Commerce operator who is making payment to the supplier for the particular supply happening through it

To Read complete list of FAQ: Click here

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