Clarification on Input Tax Credit for Electronic Commerce Operators
<p><span>The Ministry of Finance, Government of India, issued Circular No. 240/34/2024-GST on December 31, 2024, providing important clarifications regarding the input tax credit (ITC) availed by electronic commerce operators (ECOs) when they supply services specified under Section 9(5) of the Central Goods and Services Tax Act, 2017 (CGST Act). This circular addresses concerns raised about the reversal of ITC for ECOs supplying non-restaurant services through their platforms.</span></p><h4>Key Highlights:</h4><ol start="1"><li><span><strong>Scope of Supply by ECOs</strong>: ECOs supply services under two categories:</span><ul><li><span>Notified services under Section 9(5) of the CGST Act for which they are liable to pay tax.</span></li><li><span>Their own services provided through their electronic platform, for which they charge a platform fee or commission.</span></li></ul></li><li><span><strong>ITC on Inputs and Input Services</strong>: ECOs are not required to reverse proportionate ITC on their inputs and input services used for providing notified services under Section 9(5) of the CGST Act.</span></li><li><span><strong>Tax Payment in Cash</strong>: The full tax liability for supplies under Section 9(5) must be paid in cash, and ITC availed on inputs and input services used for facilitating such supplies cannot be utilized to discharge this tax liability.</span></li><li><span><strong>Utilization of ITC</strong>: The ITC availed on inputs and input services can be utilized by ECOs to discharge their tax liability in respect of their own services provided through the electronic platform.</span></li><li><span><strong>Notification and Implementation</strong>: Stakeholders are advised to notify their jurisdictional proper officer in writing if they encounter any difficulties in implementing this clarification.</span></li></ol><p><span>This circular ensures a uniform approach to the handling of ITC for ECOs, resolving ambiguities and providing clear guidelines for compliance.</span> <a href="https://cms.plasament.com/storage/circular-no-240-2024.pdf">circular-no-240-2024</a><br> </p>