Clarification on TCS Liability in Case of Multiple E-commerce Operators – Circular No. 194/06/2023-GST
<p>Circular No. 194/06/2023-GST clarifies the complexities surrounding the collection and compliance of Tax Collected at Source (TCS) under Section 52 of the CGST Act in cases where multiple E-commerce Operators (ECOs) are involved in a single transaction, particularly in platforms like the Open Network for Digital Commerce (ONDC).</p><p><strong>Key Highlights:</strong></p><ul><li><strong>Multiple ECOs in One Transaction</strong>: In modern e-commerce setups like ONDC, multiple ECOs may be involved in a single transaction: one acting as the buyer-side interface and the other as the seller-side interface. The circular clarifies which ECO is responsible for TCS collection and compliance in such scenarios.</li><li><strong>Supplier-Side ECO’s Responsibility</strong>: If the supplier-side ECO is not the supplier of the goods or services but merely facilitates the transaction, the supplier-side ECO is responsible for collecting TCS. For example, if the buyer-side ECO collects payment, deducts its commission, and transfers the balance to the seller-side ECO, the seller-side ECO will deduct TCS and ensure compliance.</li><li><strong>Buyer-Side ECO as the Supplier</strong>: If the supplier-side ECO is also the supplier, the buyer-side ECO will be responsible for collecting TCS. In this case, the buyer-side ECO collects the payment, deducts its commission, and transfers the remainder to the supplier, who is also an ECO, and ensures TCS collection.</li><li><strong>Uniformity in Implementation</strong>: The circular aims to standardize the understanding and compliance requirements across different platforms with multiple ECOs, ensuring that the TCS collection process is smooth and follows the provisions of Section 52 of the CGST Act.</li></ul><p>This clarification is crucial for businesses operating in the growing e-commerce sector with multiple operators in a single transaction, ensuring that TCS obligations are fulfilled accurately.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-194.pdf">circular-cgst-194</a><br> </p>