Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST update No 110 on clarification on services supplied by restaurants through ECO

GST update No 110 on clarification on services supplied by restaurants through ECO
The GST council in is 45th meeting held on 17.09.2021 shifted the liability to pay tax on e-commerce operator (ECO) with respect to restaurant services provided by it. Notification No. 17/2021 dated 18.11.2021 has been issued to make the provision applicable with effect from 01.01.2022. However, a lot of confusion is prevailing in the minds of assessees as regards various issues with respect to implementation of this provision shifting the liability of payment of tax from restaurants to ECO. Recently, clarification was released by the CBIC vide Circular No. 167/23/2021-GST dated 17.12.2021 in this respect which is the subject matter of discussion of our present update. The issues touched upon by the circular are discussed as follows:- 1. Deduction of TCS by ECO :- Presently, ECOs are required to collect TCS @1% on the net value of taxable supplies made through it by other suppliers. The restaurant service providers were doubtful as to whether the ECO would continue to collect TCS on supplies made through them. It is clarified that there is no need to deduct TCS on the supplies for which GST is to be paid by the ECO. 2. Separate registration by ECO:- ECOs are already registered for collecting TCS and are filing GSTR8. Doubts were raised as to whether separate registration is required to be taken by ECO for concluding transactions through restaurants on which liability to pay tax is on the ECO. It is clarified that there is no need to take separate registration by the ECO and the existing registration would suffice. 3. Liability to pay tax for unregistered restaurants:- It is clarified that even for restaurants having aggregate turnover less than Rs. 20 Lakhs, if supplies have been made through ECO, GST would be payable by the ECOs. 4. Computation of aggregate turnover for restaurants:- There was confusion as regards inclusion of such turnover in the aggregate turnover of restaurant service provider or the ECO. It is clarified that the supplies made through ECO would be considered as supplies made by restaurant service provider and will be included in the aggregate turnover of restaurants. 5. Whether restaurant supplies through ECO considered as inward supplies liable to RCM for ECO? :- It is submitted that as per section 2(93)(a) of CGST Act, 2017, recipient of service means person who is liable to pay consideration. As in the present case, the customer ordering food through ECO is the recipient, ECO cannot be considered as recipient of the restaurant service and so the transaction cannot be considered as inward supplies for ECO. Similar view has been taken by CBIC and it is clarified that ECO are not recipient of restaurant service. 6. Requirement of proportionate reversal by ECO:- Representations have been raised seeking clarification on whether the ECO is liable to reverse proportionate ITC as per Rule 42 and 43 of CGST Act, 2017 since input credit is not admissible on restaurant services. To this, it is clarified that ECO charges commission and fee etc. for the services which it provides to restaurants. Hence, it is clarified that ECO need not to reverse ITC on account of restaurant services provided as it is merely appointed by government to discharge GST on restaurant services provided through it. Further, it is clarified that ECO shall pay entire amount in cash on such restaurant services. As the output tax is being paid in cash by ECO and actually it is engaged in facilitating restaurant service provider to supply food to customers, there is no requirement to reverse proportionate ITC. 7. Compliance for other than restaurant services by ECO:- It is clarified that the requirement to collect TCS would continue for services other than restaurant services provided through ECO. Moreover, the liability to issue invoices in case of services other than restaurant services provided through ECO would continue to be issued by the service providers. In case of composite supplies made by ECO, separate invoice is to be issued by ECO for restaurant services provided through it. ECO is liable to issue invoices for restaurant services provided through it. 8. Reporting in GST returns:- Transaction of supply of restaurant services through ECO would be reflected as B2B (in case of registered restaurants)/B2C (in case of unregistered restaurants) supplies in table 4A or table 7A(1) of GSTR-1 of ECO and as outward taxable supplies in GSTR-3B filed by them. However, restaurants would report such supplies as Nil rated/exempt supplies under table 8 of GSTR-1 and serial no. 3.1(c) of GSTR-3B. The government shifts liability to pay tax in specific sectors in order to check revenue leakage. One of the reasons for the change in tax mechanism for services provided by restaurants through ECO is to generate revenue on the supplies being made from unregistered restaurants. It is worth mentioning that Uber has also filed writ petition before the Delhi High Court against the move of the government to levy tax on auto-rickshaw services provided through ECO w.e.f. 01.01.2022 which are otherwise exempt on the grounds of discrimination. We can expect similar petitions being filed with respect to restaurant services provided through ECO.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com