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TMI BlogAmendment of Act 28 of 2016.X X X X Extracts X X X X X X X X Extracts X X X X ..... (3), the following proviso shall be inserted, namely:-- "Provided that the consideration received or receivable for specified services and for e-commerce supply or services shall not include the consideration, which are taxable as royalty or fees for technical services in India under the Income-tax Act, read with the agreement notified by the Central Government under section 90 or section 90A o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g clause shall be inserted, namely:-- "(b) consideration received or receivable from e-commerce supply or services shall include-- (i) consideration for sale of goods irrespective of whether the e-commerce operator owns the goods; (ii) consideration for provision of services irrespective of whether service is provided or facilitated by the e-commerce operator.". (b) in section 191, in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in clause (cb) of section 164 of the said Act to provide that for the purpose of defining e-commerce supply or service, "online sale of goods" and "online provision of services" shall include one or more of the following online activities, namely:-- (a) acceptance of offer for sale; (b) placing of purchase order; (c) acceptance of the purchase order; (d) payment of consideration; or ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in pursuance of a declaration made under the Income Declaration Scheme, 2016 shall not be refundable. The proviso to the said section provides that the Central Government may, by notification, specify a class of persons to whom the excess amount so paid shall be refundable. It is proposed to amend the said proviso to provide that such excess amount of tax, surcharge or penalty paid in pursuance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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