PAWAN KUMAR BAHL
29 September 2023 at 14:17

SEC 194 O ecommerce transactions

Please guide which transactions are covered under sec 194 O PARA 3 notification for Non deduction UNDER other provisions of Tds/sections.
Produced as below:-

[Payment of certain sums by e-commerce operator to e-commerce participant.
194-O.(1) Notwithstanding anything to the contrary contained in any of the provisions of Part B of this Chapter, where sale of goods or provision of services of an e-commerce participant is facilitated by an e-commerce operator through its digital or electronic facility or platform (by whatever name called), suche-commerce operator shall, at the time of credit of amount of sale or services or both to the account of ane-commerce participant or at the time of payment thereof to such e-commerce participant by any mode,whichever is earlier, deduct income-tax at the rate of one per cent of the gross amount of such sales orservices or both.
Explanation.—For the purposes of this sub-section, any payment made by a purchaser of goods orrecipient of services directly to an e-commerce participant for the sale of goods or provision of services orboth, facilitated by an e-commerce operator, shall be deemed to be the amount credited or paid by the e-commerce operator to the e-commerce participant and shall be included in the gross amount of such saleor services for the purpose of deduction of income-tax under this sub-section.
(2) No deduction under sub-section (1) shall be made from any sum credited or paid or likely to becredited or paid during the previous year to the account of an e-commerce participant, being anindividual or Hindu undivided family, where the gross amount of such sale or services or both during theprevious year does not exceed five lakh rupees and such e-commerce participant has furnished hisPermanent Account Number or Aadhaar number to the e-commerce operator.

(3) Notwithstanding anything contained in Part B of this Chapter, a transaction in respect of which tax has been deducted by the e-commerce operator under sub-section (1), or which is not liable to deduction under sub-section (2), shall not be liable to tax deduction at source under any other provision of this Chapter:
Provided that the provisions of this sub-section shall not apply to any amount or aggregate of amounts received or receivable by an e-commerce operator for hosting advertisements or providing any other services which are not in connection with the sale or services referred to in sub-section (1).



(4) If any difficulty arises in giving effect to the provisions of this section, the Board may, with theapproval of the Central Government, issue guidelines for the purpose of removing the difficulty.
(5) Every guideline issued by the Board under sub-section (4) shall be laid before each House ofParliament, and shall be binding on the income-tax authorities and on the e-commerce operator.
(6) For the purposes of this section, e-commerce operator shall be deemed to be the person responsiblefor paying to e-commerce participant.
Explanation
.—For the purposes of this section,—(a)"electronic commerce" means the supply of goods or services or both, including digital products,over digital or electronic network;
(b)"e-commerce operator" means a person who owns, operates or manages digital or electronicfacility or platform for electronic commerce;
(c)"e-commerce participant" means a person resident in India selling goods or providing services or both, including digital products, through digital or electronic facility or platform for electronic commerce;
(d)"services" includes "fees for technical services" and fees for "professional services", as defined in the Explanation to section 194J
.


SACHIN
29 September 2023 at 13:44

Liability book as Income

Dear sir,

We have Found that few Liabilities are from very long time in our books, So management decide to book as other Income (Written off). I have few doubt as per below.

1. Does GST will attract while booking this types of transaction ?
2. If GST Is applicable, which GST No. we have to mention in Invoice because liabilities are different from different supplier.
3. If any other thing also attract, please tell.


Pushkar Yadav

Hello experts!
I hope you all are having a great day.

My query is regarding the Multi-GSTIN feature that is made available in the latest version of Tally Prime 3.0.

My firm has three registrations in total (3 states x 1 registration each). One GSTIN (Haryana) is the major one where most of the work is handled (sale/purchases/expenses) and other two state GSTINs are for sales (branch transfer purchases and sales) only.

After this recent tally change, I merged the two minor GSTIN data in the Haryana tally company but now my CA is telling me to de-merge/separate the books again and have asked me to keep the books separate only. He informed me that it is mandatory to maintain separate books at each GSTIN location and this consolidation is not legal/allowed in GST laws.

I know that I shouldn't generally doubt our CAs but demerging and maintaining separate companies is a big ask since we have frequent purchases with new items almost everyday, so maintaining the stock items with correct settings becomes labor and time intensive job (this was one of the main reason that I merged the data in the first place) and also we will soon be expanding to new states, so will have to create and maintain even more tally companies.

So, I just need a re-assurance from experts here about whether our CA is correct and if in extreme case, he is misinformed on this topic, what can I inform him/refer to him to read about it to find out the best case scenario to book keeping.

Thank you so much for reading my query!
Warm Regards
Pushkar


CA. Sebastian Thomas

Dear Colleagues ,
A client has received the following services from Shopify Commerce Singapore Pte. Ltd:
1)Apps 2)Transaction fees 3) subscription
All these fall under the HSN 998315 - Hosting and information technology (IT) infrastructure provisioning services.
This entity is registered as an Non resident Online service provider with the GST department.
These transactions would be liable for RCM as the service recipient is a registered entity.

If we deduct TDS then we would be liable to pay 20.8% as no PAN is available . In case TDS is applicable but we are disallowing then we have to disallow 100%.
My question is whether TDS would apply for the said transaction.
(As per my understanding shopify does not have PE in India)


azim khan
29 September 2023 at 11:54

TDS on management fees

Dear Sir/Madam,

Currently TDS @ 10% is levied on management fees charged across AIF funds by the investment manager.
Section 194J covers TDS on Professional (@10%) or Technical Fees (@2%). As per our understanding, The term "professional services" typically refers to services provided by professionals like lawyers, doctors, accountants, engineers, architects, etc and "Technical services" usually encompass services related to the development, use, or transfer of technical knowledge or information .
Accordingly, Kindly suggest whether above service would fall under the purview of technical fees or any other relevant section of TDS you deem fit.
Do let us know in case of any clarification required.


jayesh khokhariya
29 September 2023 at 10:27

Loss carry forward regarding

In A.Y. 2022-23 return filed within due to assesses having loss . In A.Y. 2023-24 Also assesses having loss but return not filed in time.

Q1). Loss for the year A.Y. 2022-23 we can carry forward as we have filed return in time and loss of A.Y. 23-24 can not be carry forward as return is not filed within due date.


Prabhu K

Dear Experts,
Greetings!
In preceding financial year (i.e., FY 2022-23) our client has no turnover, but there is a receipt of share capital Rs.28Crores and Fixed deposit receipts Rs.48Crores during FY 2022-23
During FY 2023-24 my purchase value of Fixed assets from particular vendor exceeds Rs.3 Crores.
Can any one guide me whether 194Q is applicable for fixed assets purchased during the FY 2023-24 ?


khushbu budakia
29 September 2023 at 01:35

TCS Return 27EQ

In TCS return it is asking "Whether deductee opting out of taxation regime u/s 115BAC (1A)? (Y/N) ".How will i know that what deductee will choose.Please guide me what should i do in TCS return


Kollipara Sundaraiah

Sir,
A registered composite scheme dealer composite returns CMP -08 filed up to 22(21-22).if gst department notice issued details mentioned below for returns non filed period best of judgement based
April to June-22 rs :10 lacs turnover
July to sep-22 rs:10 lacs turnover
Oct to Dec-22 rs:10 lacs turnover
Jan to March-23 rs:10 lacs turnover
April to june-23 rs:10 lacs turnover
Question:
Dealer composite returns non filed period actually sales turnover of notice mentioned turnover show correct procedure.


Stephen Marks
28 September 2023 at 17:54

E invoicing implement

Respected Experts,

1) Our Turnover for FY22-23 is 439 lakhs. This year for 6 months it is 260. Hope we may achieve 500 above turnover by year end in FY23-24. Do we have to start e-invoice this year or next year in FY24-25?.

2) If next year (FY24-25) turnover not goes as expected and becomes lesser than 500 lakhs, then do we have choice to opt out of e-invoicing for FY24-25?






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