TDS on E-commerce transaction u/s 194-O

Section: -194-O (TDS on certain sums by e-commerce operator to e-commerce participants)

Analysis:-

• Deductor/ Payer: –  E-commerce operator e.g. Amazon, Filpkart etc.
• Deductee/ Payee: – E-commerce participant e.g. seller who sell the goods or provide the services through e-commerce operator.
• Applicability:- This section is applicable from 01-10-2020
• Rate of TDS: – 1% of Gross amount of sale of goods or services or both.
• Time limit of deduction: – At the time of credit of amount to the account or payment, whichever is earlier.
• No TDS: –
  • If E-commerce participant being a Individual or HUF (resident of India): – E-commerce operator is not required to deduct TDS if gross amount of sale of goods, services or both during the previous year does not exceed Rs. 5,00,000/- and e-commerce participant has furnished his PAN or Aadhaar number.
  • If E-commerce participant being a non-resident of India: – No TDS

• Higher TDS: – If e-commerce participant does not furnish his PAN or Aadhaar number then TDS must be deducted at the rate of 5% as per provisions of section 206AA.
• Point to be noted: –
  • If e-commerce participant receive amount directly from the customer of the goods or service then it is deemed that this amount is paid by the e-commerce operator and TDS will be deducted accordingly.
  • Further provides that exemption stated above will be applicable for any amount received or receivable by e-commerce operator for hosting advertisement or providing any other services which are not in line or in connection with selling of goods or provision of service related to e-commerce participant.

Extract of the Finance Bill 2020:-

‘194-O. (1) Notwithstanding anything to the contrary contained in any of the provisions of Part B of this Chapter, where sale of goods or provision of services of an e-commerce participant is facilitated by an e-commerce operator through its digital or electronic facility or platform (by whatever name called), such e-commerce operator shall, at the time of credit of amount of sale or services or both to the account of an e-commerce participant or at the time of payment thereof to such e-commerce participant by any mode, whichever is earlier, deduct income-tax at the rate of one per cent. of the gross amount of such sales or services or both.

Explanation. –For the purposes of this sub-section, any payment made by a purchaser of goods or recipient of services directly to an e-commerce participant for the sale of goods or provision of services or both, facilitated by an e-commerce operator, shall be deemed to be the amount credited or paid by the e-commerce operator to the e-commerce participant and shall be included in the gross amount of such sale or services for the purpose of deduction of income-tax under this sub-section.

(2) No deduction under sub-section (1) shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of an e-commerce participant, being an individual or Hindu undivided family, where the gross amount of such sale or services or both during the previous year does not exceed five lakh rupees and such e-commerce participant has furnished his Permanent Account Number or Aadhaar number to the e-commerce operator.

(3) Notwithstanding anything contained in Part B of this Chapter, a transaction in respect of which tax has been deducted by the e-commerce operator under sub-section (1), or which is not liable to deduction under sub-section (2), shall not be liable to tax deduction at source under any other provision of this Chapter:

Provided that the provisions of this sub-section shall not apply to any amount or aggregate of amounts received or receivable by an e-commerce operator for hosting advertisements or providing any other services which are not in connection with the sale or services referred to in sub-section (1).

Explanation.––For the purposes of this section,––

(a) “electronic commerce” means the supply of goods or services or both, including digital products, over digital or electronic network;

(b) “e-commerce operator” means a person who owns, operates or manages digital or electronic facility or platform for electronic commerce and is responsible for paying to e-commerce participant;

(c) “e-commerce participant” means a person resident in India selling goods or providing services or both, including digital products, through digital or electronic facility or platform for electronic commerce;

(d) “services” includes ‘fees for technical services’ and fees for ‘professional services’, as defined in the Explanation to section 194J.’.