Meaning of Electronic Commerce
Sec 2(44) Of CGST Act defines “electronic commerce” means the supply of goods or services or both, including digital products over digital or electronic network;
Meaning of Electronic Commerce Operator
Sec 2(45) of CGST Act deifnes “electronic commerce operator” means any person who owns, operates or manages digital or electronic facility or platform for electronic commerce;
Levy for Electronic Commerce Operator
Sec 9(5) of CGST Act provides that the Government may, on the recommendations of the Council, by notification, specify categories of services the tax on intra-State supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this Act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:
Provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:
Provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also he does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay tax.
Restriction for Composition Dealer
Sec 10(2)(d) of CGST Act provides that composition dealer should not be engaged in making any supply of goods through an electronic commerce operator who is required to collect tax at source under section 52
Sec 24 of CGST Act provides the following person are liable for compulsory registration irrespective of aggregate turnover :-
(ix) persons who supply goods or services or both, other than supplies specified under sub-section (5) of section 9, through such electronic commerce operator who is required to collect tax at source under section 52
(x) every electronic commerce operator;
Sec 52 of CGST Act provides every electronic commerce operator, not being an agent, shall collect an amount at such rate not exceeding one per cent., as may be notified by the Government on the recommendations of the Council, of the net value of taxable supplies made through it by other suppliers where the consideration with respect to such supplies is to be collected by the operator.
I am a chartered accountant who provides online services like income tax return filing through my own website. Since I am providing services over digital or electronic network, it will be qualified as electronic commerce service. Also I owns the website for electronic commerce, I will be qualified as an electronic commerce operator.
So should all the provisions applicable to electronic commerce operator will apply to me?
Friends in this digital world, most of the businessman//professionals have their own website. So don’t you believe it is a real harshness for us?
It is still unanswered, if any one have other thought regarding this, please post.