Withholding tax levy on e-commerce operators – Income Tax v. GST
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- Last Updated on 13 December, 2021
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Sonal Singh Baghel & Parvathy R. Kartha – [2021] 131 taxmann.com 141 (Article)
Indian E-commerce industry has been on an upward growth trajectory and is expected to surpass the US to become the second largest e-commerce market in the world by 2034. Propelled by rising smartphone penetration, launch of 4G network and increasing consumer wealth, the Indian E-commerce market is expected to grow to US$ 200 billion by 2026 from US$ 38.5 billion in 20171. Though the e-commerce platform is usually owned/managed by big players, the sellers/participantsregisterd on such platforms are often small retailers/wholesalers and service providers. Further the business of sale or supply of service through e-commerce platforms dispenses with the requirement of having a physical office/location.Therefore, keeping a tab of such small players and enforcing taxing provisions has been a challenge for the Government.
In order to bring such small players within the tax net, the Government has introduced various tax withholding provisions under the direct and indirect tax legislations. This article seeks to examine the various tax withholding provisions that may be applicable on an e-commerce operator under the Income-tax Act, 1961 (‘IT Act’) and Central Goods and Services Tax Act, 2017 (‘CGST Act’)
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