Liability of Collect Tax at Source (TCS) - Exempt supplies - ...

E-auction Service Challenges TCS Liability on Exempt Supplies under GST Act; Court to Address Preliminary Objections.

March 30, 2024

Case Laws     GST     HC

Liability of Collect Tax at Source (TCS) - Exempt supplies - Section 52 of the Central Goods and Services Tax Act, 2017 (CGST Act) - Petitioner operating an e-auction service for agricultural and non-agricultural commodities. It is contended that payment for the contract can either be settled through the Petitioner’s platform, or it can be settled directly between the buyer and seller. The Petitioner does not guarantee settlement of transactions by way of delivery of goods or payment. The Petitioner merely charges transaction fees for providing the platform to its members for the purpose of e-auction. - The High Court, after considering the submissions of both parties, directs the adjudicating officer to address the petitioner's preliminary objections regarding the applicability of Section 52 of the CGST Act.

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