Section 52 – Collection of tax at source of CGST ACT, 2017<\/p>\n
52. (1) Notwithstanding anything to the contrary contained in this Act, every electronic
\ncommerce operator (hereafter in this section referred to as the \u201coperator\u201d), not being an
\nagent, shall collect an amount calculated at such rate not exceeding one per cent., as may be
\nnotified by the Government on the recommendations of the Council, of the net value of
\ntaxable supplies made through it by other suppliers where the consideration with respect to
\nsuch supplies is to be collected by the operator.
\nExplanation.\u2013\u2013For the purposes of this sub-section, the expression \u201cnet value of
\ntaxable supplies\u201d shall mean the aggregate value of taxable supplies of goods or services or
\nboth, other than services notified under sub-section (5) of section 9, made during any month
\nby all registered persons through the operator reduced by the aggregate value of taxable
\nsupplies returned to the suppliers during the said month.
\n(2) The power to collect the amount specified in sub-section (1) shall be without
\nprejudice to any other mode of recovery from the operator.
\n(3) The amount collected under sub-section (1) shall be paid to the Government by the
\noperator within ten days after the end of the month in which such collection is made, in such
\nmanner as may be prescribed.
\n(4) Every operator who collects the amount specified in sub-section (1) shall furnish a
\nstatement, electronically, containing the details of outward supplies of goods or services or
\nboth effected through it, including the supplies of goods or services or both returned through
\nit, and the amount collected under sub-section (1) during a month, in such form and manner
\nas may be prescribed, within ten days after the end of such month.
\n(5) Every operator who collects the amount specified in sub-section (1) shall furnish
\nan annual statement, electronically, containing the details of outward supplies of goods or
\nservices or both effected through it, including the supplies of goods or services or both
\nreturned through it, and the amount collected under the said sub-section during the financial
\nyear, in such form and manner as may be prescribed, before the thirty first day of December
\nfollowing the end of such financial year.
\n(6) If any operator after furnishing a statement under sub-section (4) discovers any
\nomission or incorrect particulars therein, other than as a result of scrutiny, audit, inspection
\nor enforcement activity by the tax authorities, he shall rectify such omission or incorrect
\nparticulars in the statement to be furnished for the month during which such omission
\nor incorrect particulars are noticed, subject to payment of interest, as specified in
\nsub-section (1) of section 50:
\nProvided that no such rectification of any omission or incorrect particulars shall be
\nallowed after the due date for furnishing of statement for the month of September following
\nthe end of the financial year or the actual date of furnishing of the relevant annual statement,
\nwhichever is earlier.
\n(7) The supplier who has supplied the goods or services or both through the operator
\nshall claim credit, in his electronic cash ledger, of the amount collected and reflected in the
\nstatement of the operator furnished under sub-section (4), in such manner as may be
\nprescribed.
\n(8) The details of supplies furnished by every operator under sub-section (4) shall be
\nmatched with the corresponding details of outward supplies furnished by the concerned
\nsupplier registered under this Act in such manner and within such time as may be prescribed.
\n(9) Where the details of outward supplies furnished by the operator under
\nsub-section (4) do not match with the corresponding details furnished by the supplier under
\nsection 37, the discrepancy shall be communicated to both persons in such manner and
\nwithin such time as may be prescribed.
\n(10) The amount in respect of which any discrepancy is communicated under
\nsub-section (9) and which is not rectified by the supplier in his valid return or the operator in<\/p>\n
his statement for the month in which discrepancy is communicated, shall be added to the
\noutput tax liability of the said supplier, where the value of outward supplies furnished by the
\noperator is more than the value of outward supplies furnished by the supplier, in his return
\nfor the month succeeding the month in which the discrepancy is communicated in such
\nmanner as may be prescribed.
\n(11) The concerned supplier, in whose output tax liability any amount has been added
\nunder sub-section (10), shall pay the tax payable in respect of such supply along with
\ninterest, at the rate specified under sub-section (1) of section 50 on the amount so added
\nfrom the date such tax was due till the date of its payment.
\n(12) Any authority not below the rank of Deputy Commissioner may serve a notice,
\neither before or during the course of any proceedings under this Act, requiring the operator
\nto furnish such details relating to\u2014
\n(a) supplies of goods or services or both effected through such operator during
\nany period; or
\n(b) stock of goods held by the suppliers making supplies through such operator
\nin the godowns or warehouses, by whatever name called, managed by such operator
\nand declared as additional places of business by such suppliers,
\nas may be specified in the notice.
\n(13) Every operator on whom a notice has been served under sub-section (12) shall
\nfurnish the required information within fifteen working days of the date of service of such
\nnotice.
\n(14) Any person who fails to furnish the information required by the notice served
\nunder sub-section (12) shall, without prejudice to any action that may be taken under
\nsection 122, be liable to a penalty which may extend to twenty-five thousand rupees.
\nExplanation.\u2014For the purposes of this section, the expression \u201cconcerned supplier\u201d
\nshall mean the supplier of goods or services or both making supplies through the operator.<\/p>\n","protected":false},"excerpt":{"rendered":"
Section 52 – Collection of tax at source of CGST ACT, 2017 52. (1) Notwithstanding anything to the contrary contained in this Act, every electronic commerce operator (hereafter in this section referred to as the \u201coperator\u201d), not being an agent, shall collect an amount calculated at such rate not exceeding one per cent., as may … Continue reading “Section 52 – Collection of tax at source of CGST ACT, 2017”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"_links":{"self":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/230"}],"collection":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/comments?post=230"}],"version-history":[{"count":1,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/230\/revisions"}],"predecessor-version":[{"id":231,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/posts\/230\/revisions\/231"}],"wp:attachment":[{"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/media?parent=230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/categories?post=230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/khannaandassociates.com\/blog\/wp-json\/wp\/v2\/tags?post=230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}