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Section 194O – TDS on e-Commerce Transactions

Section 194O

Section 194O – TDS on e-Commerce Transactions

The Union Budget imposes a new tax on the e-commerce transaction to provide more clarity into the e-commerce sector. This inclusion is expected to lead a massive cash flow from the e-commerce giants like Amazon and Flipkart with their corresponding sellers. The newly added section dealing with this is Section 194O and this article will explain the applicability and the coverage of this IT act.

General Terms

To understand the terms mentioned in Section 194O, the terms “e-Commerce, e-Commerce Operator and e-Commerce Participant” are explained as below:

Electronic Commerce – means by which the supply of goods or services or both, including digital products, over an electronic network or digitally.

E-commerce Operator – The person who possesses, manages or oversees the digital or electronic feature or platform for electronic commerce in charge of paying to e-commerce member.

E-commerce Participant – The Indian resident selling goods or providing services or both, including digital products, via electronic commerce or digitally.

Services – This is set of formalities that to include fees for technical services and fees for professional services, as defined in Section 194J.

Applicability

The Section aims for 1% TDS rate on the gross amount of sales of goods or services aided by e-commerce hands across the digital or electronic program to the applicants. The TDS rate of 1% applies either during the time of credit to e-commerce participants or payment by any mode or where the purchaser of goods or services makes payment directly to e-commerce participants.

For any Individual with evident PAN or Aadhaar during e-commerce transaction, no deduction required if the combined sale of goods lies within Rs.5 Lakhs during the FY. To prevent double deduction, with the payment provisions once covered and done under this section are not liable to TDS under any other provisions of the Act. But such exemption does not affect the amount collected by e-commerce operators on account of hosting any services that are not relevant to an e-commerce applicant.

The following are the significant revisions are still in the making in the sections:

  1. Section 197 offers a lower custody certificate that acquires for tax deduction under Section 194O
  2. Section 206AA affords the possibility of tax deducted at the rate of 5% instead of 1% as specified in Section 194O, for those with no proof of PAN or the Aadhaar

The proposed amendment is applicable on resident and NRI e-commerce operators producing payments to resident e-commerce applicants in kith and kin to the sale of goods or services aided via digitally. The proposed amendment is said to be effective from 1 April 2020.

Impression on sellers – The Section aims for 1% TDS rate on the gross amount of sales of goods or services aided by e-commerce hands across the digital or electronic program to the applicants. The TDS rate of 1% applies either during the time of credit to e-commerce participants or payment by any mode or where the purchaser of goods or services makes payment directly to e-commerce participants. The sellers with sales below Rs.5 lakhs are liable for a hit in the economy, yet the system manages customer traceability electronic network.

The newly added section can be read from the Finance Bill, 2020 (page 31) of the appended PDF below:

Finance-Bill-2020