10 April 2021
Dear Sir We are In The business of Mobile application for Facilitating Store sales of goods or services .Retailer are Providing Deals On Our application as exclusive deals At Our application .
Customer who want To Buy That Deals Has To Use Add To Bag Feature Available in our application .And Need To Visit Retailer Store For Availing The Offer.
We As a application Are Not aware Of Value Of Goods or Service Sold By Retailer . Whether We Are Liable To Discharge Tds Liability Under Sec.194o ? How To Discharge That Tds Liability When We Are Not Aware Of Sales Value ?
12 April 2021
we Are Promoting The Goods Or services Of Retailer On Our Platform . Retailer Can Put Their offer on Our application And Customer who want to avail that offer can avail the offer by visiting retailer store . Customer needs to make payment at retailer store directly and we are not collecting money from retailer for service to be provided by retailer . but we are collecting charges as tocken amount for selling of coupon at our platform .
19 April 2021
Assessee is a LLP working as an intermediary between Retailer and customer. Assessee collects fees from the customer and pays to Retailer with which the company has tie-up. For example: Company has tie-up with Retailer . Company collects Amount For Sell Of Coupon . Customer goes to the suggested Retailer and company pays to the Retailer directly on behalf of the customer. However, Company is only liable to pay for the services consumed by the customer Issue: Whether company is required to get registered as an E-Commerce operator? If registered as E-Commerce operator then what will be the liability to collect tax For Gst As well As Income Tax from Retailer in case Retailer are not registered under GST? Kindly clarify the GST Registration requirement
As per details provided by you, LLP is an ecommerce operator as per explanation u/s 194-O of the income tax Act 1961. 1% TDS to be deducted by LLP while paying to the Retailer. In Case of GST, LLP being an Ecommerce Operator has to take registration under GST as E-commerce Operator and has to Collect TCS u/s 52 of the CGST Act. The TCS liability does not depend on whether Retailer is registered or not under GST.
CAclubindia
