Hi, I have a client who is into sale of milkshakes.. and he is registered as composition dealer under gst. Now, the question is will he be eligible to resgister in swiggy or zomato.
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Quick Summary
This discussion clarifies the eligibility of GST composition dealers to sell through e-commerce platforms like Swiggy and Zomato. While initially debated, the consensus is that composition dealers are restricted from supplying goods via e-commerce operators who are required to collect tax at source (TCS) under Section 52 of the CGST Act. Therefore, if Swiggy or Zomato deduct TCS, a composition dealer cannot use their services for sales.
As per the Provision of Section 10(2)(d) of the CGST Act 2017, persons who are supplying goods through E-commerce operator is not eligible to opt for Composition Scheme u/s 10(1)
Read more at: https://www.caclubindia.com/forum/restaurant-under-composition-scheme-502387.asp
The reason is that e commerce operators cannot opt for composition scheme. Taxable person having food business and beverages drink cannot opt for composition scheme.
Section 10(2)(d) of CGST Act stated that a composite dealer cannot engaged in making any supply of goods through Electronic Commerce Operator (ECO) who is required to collect tax at source under section 52 of this act. A composite dealer cannot collect tax under GST.
Yes the Section 10(2)(d) restricted the Composition to supply through E-commerce , but those E-commerce who are deducting TCS u/s 52 of CGST Act . Thus if Swiggy or Zomato is deducting TCS , then Composition dealer cannot supply through them.