Other provisions in respect of TCS ( Section 52(8) to 52(15) ) - GST Ready Reckoner - GST

Other provisions in respect of TCS ( Section 52(8) to 52(15) ) Verification of Outward supplies of Electronic operator [ section 52(8) ] every supplier must match the details of their outward supplies made through e-commerce operators with GSTR-2A after the due date of filing GSTR -8 by the operator. It will reflect in GSTR 2A/GSTR-2B of the supplier once the GSTR -8 is filed by the operator. The same will be credited and claimed in an electronic cash ledger. Mismatch or Discrepancies [ section 52(9) ] if there is any mismatch/ discrepancy in Details of outward supplies furnished by e-commerce operator u/s 52(4) and Corresponding details of outward supplies furnished by supplier u/s 37. Then the discrepancy shall be communicated to both the persons (supplier as well as e-commerce operator) in a particular manner and prescribed time limit. Rectification Of Discrepancy [ section 52(10) ] the differential amount/ discrepancy in value which is communicated u/s 52(9), needs to be rectified by the supplier or e-commerce operator in the month it is communicated. But if it is not rectified then such differential amount /discrepancy value will be added to the outward supply of the supplier in the succeeding month s return of communication was made. Note: Only if the outward supply furnished by an e-commerce operator is more than the outward supply furnished by the supplier. The act is silent about the vice-versa case. Tax On Discrepancy Value [ section 52(11) ] the additional tax will be payable on the differential amount/ discrepancy value along with the interest u/s 50(1) will be payable for the period from the date, it was due till the date of payment. Notice to Ecommerce Operator [ section 52(12) ] Any authority not below the rank of deputy commissioner, either before or during the course of any proceedings has a right to serve notice to an e-commerce operator and require to furnish details pertaining to supplies of goods and/or services made through the e-commerce platform during any period; or details pertaining to the stock of goods held by the supplier in godowns/warehouses, etc. declared as additional places of business by the supplier but managed by the e-commerce operator. Time limit for replying to the notice served u/s 52(12) [ section 52(13) ] The e-commerce operator to whom notice u/s 52(12) has been served needs to furnish the details within 15 working days from the date such notice was served. Penalty provisions to fails to furnished information required [ section 52(14) ] Any person who fails to furnish the information required by the notice served under sub-section (12) shall, without prejudice to any action that may be taken under section 122, be liable to a penalty which may extend to twenty-five thousand rupees. Other penalty may be imposed : - If registered E-commerce operator Fails to collect tax ;or collects an amount which is less than the amount required to be collected; or fails to pay the tax collected to the credit of the appropriate government. he shall be liable to pay penalty of Rs. 10000/- or amount equal to the amount in default, whichever is higher Maximum Time Limit For furnishing of statement [ section 52(15) ] The operator shall not be allowed to furnish a statement as referred in section 52(4) after the expiry of a period of three years from the due date of furnishing the said statement: Relaxation:- the Government may, on the recommendations of the Council, by notification, subject to such conditions and restrictions as may be specified therein, allow an operator or a class of operators to furnish a statement under sub-section (4), even after the expiry of the said period of three years from the due date of furnishing the said statement.