2. ADD A FOOTER 2
N. HARIHARAN BCOM CS.,DTP.,DOA
BCOM CS , SECOND YEAR
.
3. Role of
E-
Commerce
operator
Collect an amount
out of amount
payable/paid
Paid to the credit
of Govt. within 10
days
• At the time of credit of amount to
account of supplier
or
• Payment of
amount in cash or any other
mode.(whichever is earlier)
4. Operator shall furnish statement of all amount
collected
towards supplies.
The amount collected shall be deemed to be payment of
tax & supplier shall claim credit.
Details of supply be matched with corresponding details
in valid return .
Any discrepancy, not rectified shall be added to output
liability of supplier.
Any authority by notice , require operator to furnish certain
details.(If fails to furnish, operator liable to penalty upto Rs
25K)
5. SR. NO. PARTICULARS TIME FRAME
1) The time within which TCS collected shall be paid
to the credit of appropriate Govt. by operator
Within 10 days after end of
month in which collection is
made
2) Time to furnish a statement electronically, of all
amounts collected towards outward supplies of
goods/services affected through it
Within 10 days after end of
such calendar month.
3) Time within which operator to whom notice by
any authority(not below rank of joint
commissioner) has been served need to furnish
information
Within 5 working days of date
of service of notice.
7. 7
Minor Breach
● Amount of Tax involved < Rs. 5,000
Easily rectifiable Omission or Mistake
● Error apparent from the face of record
● Mistake made without Fraudulent intent or
Gross Negligence
8. 8
Registration
Related
Invoices
Related
Fails to Pay to
Govt
Fails to Deduct
TDS/TCS
ITC Related
Fraudulently
obtains
Refund
Fails to keep
records
False Records
Transports any
goods without
documents
Obstructs or
prevents any
officer
Wrongly using
another
person GSTIN
Applicable to Taxable Person
11. 11
Applicable to person who transports or stores any goods
which are in transit in contravention to provision of this act
Detained/ seized goods can be released when
Where the owner comes
forward
Where the owner doesn’t
come forward
Payment of tax and
penalty equals to
100% of the tax
payable
In case of exempted
goods:
a) 2% of the value of
goods or Rs.25000
which ever is less
Payment of tax and
penalty equals to 50%
of the value of goods
reduced by tax already
paid
In case of exempted
goods: 5% of the value
of goods or 25000
which ever is less
Furnishing of
security
equivalent to
the amount
payable as
determined
under clause (a)
and (b)
12.
13. 13
Notice or order shall be issued by the proper officer .
Opportunity of being heard to be provided to the person.
Proceedings deemed to be concluded on payment of the
applicable amount
Failure to pay within 7 days of detention / seizure shall initiate
proceeding of confiscation
Period of 7 days to be reduced where goods detained are
perishable in nature
14. 14
Applicable to any person who :
Supplies / receives goods with the intention to evade taxes ;
Does not account for goods on which he is liable to pay tax
Supplies goods liable to tax without registration ;
Contravenes the provisions of the acts or rules with the intent to evade payment of tax ;
Uses conveyance as a means for transport for carriage of goods unless owner proves
that it was without the knowledge of owner, his agent and the person in charge
Option to pay fine in lieu of confiscated goods or conveyance shall be provided by the
officer concerned.
In case of confiscation of goods :
Fine shall not exceed the market value of goods confiscated less tax chargeable.
Aggregate of fine and penalty leviable not to be less than penalty leviable for detention.
15. 15
In case of confiscation of conveyance :
Option to pay fine equal to the tax payable on goods being transported.
When fine in lieu of confiscation imposed, the owner will in addition be liable to
tax, penalty and charges for the goods/conveyance
No order for confiscation without opportunity of being heard
The title of the confiscated goods shall vest with the Government.
Officer taking possession can take assistance from Police officer for taking
possession
On satisfaction that confiscated goods are not required and after reasonable time
not exceeding 3 months to pay find, officer may dispose of goods