Bare ActsThe ARUNACHAL PRADESH GOODS AND SERVICES TAX ACT, 2017

Section 52

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(l) Notwithstonding onything to the controry contoined in this Act, every e lectron ic commerce operotor (hereqfter in this section referred to os the 'bperotor'), not being on ogent, sholl collect on omount colculoted ot such rote not exceeding one per cent., os moy be notilied by the Government on the recommen- dotions of the Council, of the net volue of toxoble supplies mode through it by other suppliers where the considerotion with respect to such supplies is to be collected by the operotor. Exp lonotion.-F or the purposes ol this sub-section, the expression "net volue of tqxoble supplies" sholl meon the oggregote volue oftoxoble supplies ofgoods or services or both, other thon services notified under sub-section (5) of section 9, mode during ony month by oll registered persons through the operotor reduced by the oggregote volue of toxoble supplies returned to the suppliers during the soid month. (2) The power to collect the omount specified in sub-section (l ) sholl be without prejudice to ony other mode of recovery from the oPerotor. (3) The omount collected under sub- section (l) sholl be poid to the Government by the operotor within ten doys ofter the end of the month in which such collection is mode, in such monner os moy be prescribed. Collection of tox ot source. t78 (4) Every operotor who collects the omount specified in sub-section (l) sholl furnish o stotement, electronicolly, contoining the detoils of outrrord supplies ol goods or services or both effected through it, including the supplies of goods or services or both returned through it, ond the omount collected under sub- sedion (1) during o month, in such form ond monner os moy be prescribed, within ten doys ofter the end of such month. (5) Every operotor who collects the omount specified in sub-section (l) sholl furnish on onnuol stotement, electro n ico lly, contoining the detoils o{ outword supplies of goods or services or both effeded through it, including the supplies ol goods or services or both returned through it, ond the omount collected under the so id sub-section during the finonciol yeol in such form ond monner os moy be prescribed, before the thirty first doy of December following the end of such finonciolyeor. (6) ll ony operotor ofter furnishing o stotement under sub-section (4) discovers ony omission or incorred porticulors therein, other thon os o result of scrutiny, oudit, inspection or enforcement octivity by the tox outhorities, he sholl rectify such omission or incorrect porticulors in the stotement to be lurnished for the month during which such omission or incorrect porticulors ore noticed, subject to poyment of interest, os specified in sub-seaion ( l ) of section 50: 179 Provided thot no such rectificotion of ony omission or incorrect porticulors sholl be ollowed ofter the due dote {or furnishing of stotement for the month of September following the end of the finonciol yeor or the octuoldote offurnishing of the relevont onnuol stotement, whichever is eorlier. (7) The supplier who hos supplied the goods or services or both through the operotor sholl cloim credit, in his electronic cosh ledger, of the omount collected ond refleded in the stotement oI the operotor furnished under sub-seaion (4), in such monner os moy be prescribed. (8) The detoils of supplies lurnished by every operotor under sub- section (4) sholl be motched with the corresponding detoils of outword supplies furnished by the concerned supplier registered underthisAct in such monner ond within such time os moy be prescribed. (9) Where the detoils of outword supplies fumished bythe operotor under sub-section (4) do not motch with the corresponding detoils furnished by the supplier under section 37, the discreponcy sholl be communicoted to both persons in such monner ond within such time os moy be prescribed. (10) The omount in respect of which ony discreponcy is communicoted under sub-section (9) ond whkh is not rectified by the supplier in his volid return or the operotor in 180 his stotement for the month in which discreponcy is communicoted, sholl be odded to the output tox liobility of the soid supplier, where the volue of outword supplies furnished bythe operotor is more thon the volue of outword suppiies furnished bythe supplier, in his return for the month succeeding the month in which the discreponcy is communicoted in such monner os moy be prescribed. (l I ) The concerned supplier, in whose outputtox liobility ony omount hos been odded under sub-section ( 10), sholl poy the tox poyoble in respect of such supply olong with interest, ot the rote specilied under sub-section (l ) of section 50 on the omount so odded from the dote such tox wos due till the dote ol its poyment. (12) Any outhority not below the ronk of Deputy Commissioner moy serve o notice, either before or during the course of ony proceedings under this Act, requiring the operotor to furnish such detoils reloting to- (o) supplies of goods or services or both effected through such operotor during ony period; or (b) stock of goods held by the suppliers moking supplies through such operotor in the godowns or worehouses, by whotever nome co lled, monoged by such operotor ond declored os odditionol ploces of business by such suppliers, os moy be specified in the notice. l8l ('13) Every operotor on whom o notice hos been served under sub- section (12) sholl furnish the required informotion within fifteen working doys o{ the dote of service of such notice. (14) Any person who foils to furnish the informotion required by the notice served under sub-section (l2) sholl, without prejudice to ony oction thot moy be token under section 122, be lioble to o penolty which moy extend to twenty-five thousond rupees. Explonotion.- Forthe purposes of this section, the expression 'toncerned supplier"sholl meon the supplier of goods or services or both moking supplies through the operotor.

Section 52 – The ARUNACHAL PRADESH GOODS AND SERVICES TAX ACT, 2017 | DailyLaw.ai