Notification No. 34/2023-Central Tax on 31st July 2023
This notification specifies the category of persons who are exempted from obtaining registration under the said Act, subject to certain conditions.
Here are the key points mentioned in the notification:
- Persons making supplies of goods through an electronic commerce operator (ECO) are covered under this notification.
- These persons should have an aggregate turnover in the preceding financial year and the current financial year not exceeding the threshold above which a supplier is liable to be registered in the State or Union territory.
- The following conditions apply to these persons:
- They should not make any inter-State supply of goods.
- They should not make supply of goods through an electronic commerce operator in more than one State or Union territory.
- They should have a Permanent Account Number (PAN) issued under the Income Tax Act, 1961.
- Before making any supply of goods through an electronic commerce operator, they should declare their PAN, address of their place of business, and the State or Union territory in which they seek to make such supply on the common portal. This declaration will be subjected to validation on the common portal.
- They should have been granted an enrolment number on the common portal upon successful validation of the PAN declared.
- They should not be granted more than one enrolment number in a State or Union territory.
- No supply of goods shall be made by these persons through an electronic commerce operator unless they have been granted an enrolment number on the common portal.
- If these persons are subsequently granted registration under section 25 of the said Act, the enrolment number shall cease to be valid from the effective date of registration.
Notification No. 36/2023 – Central Tax on 4th August 2023
CBIC has empowered e-commerce operators with specific obligations and procedures when dealing with the supply of goods by composition taxpayers.
The key takeaways are as follows for Composition taxpayers:
- The electronic commerce operator shall not allow any inter-State supply of goods through it.
- The electronic commerce operator shall collect TCS in respect of supply of goods made through it.
- The electronic commerce operator shall furnish the details of supplies of goods made through it by the said person in the statement in FORM GSTR-8 electronically on the common portal.
Notification No. 37/2023 – Central Tax on 4th August 2023
The key takeaways are as follows for unregistered taxpayers:
- The electronic commerce operator shall allow the supply of goods through it only if enrolment number has been allotted on the common portal.
- The electronic commerce operator shall not allow any inter-State supply of goods through it.
- The electronic commerce operator shall not collect TCS in respect of supply of goods made through it by unregisteredperson.
- The electronic commerce operator shall furnish the details of supplies of goods made through it by the in the statement in FORM GSTR-8 electronically on the common portal.
Where multiple electronic commerce operators are involved in a single supply of goods through electronic commerce operator platform, “the electronic commerce operator” shall mean the electronic commerce operator who finally releases the payment to the said person for the said supply made by the said person through him.
Theses notifications shall come into force with effect from the 1st day of October, 2023.
This Article is only a knowledge-sharing initiative and is based on the Relevant Provisions as applicable and as per the information existing at the time of the preparation. In no event RMPS & Co. or the Author or any other persons be liable for any direct and indirect result from this Article or any inadvertent omission of the provisions, update etc. if any.
