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Core Purpose

Notification under section 148 of the Delhi Goods and Services Tax Act, 2017 prescribing a special procedure for electronic commerce operators handling supplies by persons exempted from GST registration.

Detailed Summary

This notification (No. 37/2023-State Tax, dated 30 January 2024) issued by the Finance (Expenditure-I) Department, Government of the National Capital Territory of Delhi, in exercise of powers under section 148 of the Delhi Goods and Services Tax Act, 2017 (3 of 2017), on the recommendations of the GST Council, notifies electronic commerce operators required to collect tax at source under section 52 as the class of persons who must follow a special procedure for supplies of goods made through them by persons exempted from registration under the notification issued under section 23(2) (Notification No. 34/2023-State Tax, dated 20 October 2023); the special procedure requires the e-commerce operator to allow such supplies only where the supplier has an enrolment number on the common portal, to disallow inter-State supply by such persons, to not collect tax at source under section 52(1) for these supplies, and to furnish details of such supplies in FORM GSTR-8; where multiple e-commerce operators are involved in a single supply, the operator that finally releases payment to the supplier is deemed the electronic commerce operator for these purposes; the notification takes effect from 1 October 2023 and is issued by order of the Lieutenant Governor of the National Capital Territory of Delhi, signed by Ravinder Kumar, Deputy Secretary (Exp.-I).

Full Text

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-31012024-251659 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 42] DELHI, TUESDAY, JANUARY 30, 2024/MAGHA 10, 1945 [N. C. T. D. No. 412 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI DELHI GAZETTE : EXTRAORDINARY PART IV] FINANCE (EXPENDITURE-I) DEPARTMENT NOTIFICATION Delhi, the 30th January, 2024 No. 37/2023-State Tax F. No. 3 (20)/Fin.(Exp-I)/2023-24/DS-I/93-In exercise of the powers conferred by section 148 of the Delhi Goods and Services Tax Act, 2017 (3 of 2017) (hereinafter referred to as the said Act), the Lieutenant Governor of National Capital Territory of Delhi, on the recommendations of the Council, hereby notifies the electronic commerce operator who is required to collect tax at source under section 52 as the class of persons who shall follow the following special procedure in respect of supply of goods made through it by the persons exempted from obtaining registration (hereinafter referred to as the said person) in accordance with the notification issued under sub-section (2) of section 23 vide notification number 34/2023- State Tax, published in the Gazette of Delhi, Extraordinary, Part IV, vide No.F.3( 14 )/Fin.(Exp-I)/2023-24/DS-I/916, dated 20th Oct, 2023, namely: (i) the electronic commerce operator shall allow the supply of goods through it by the said person only if enrolment number has been allotted on the common portal to the said person; (ii) the electronic commerce operator shall not allow any inter-State supply of goods through it by the said person; (iii) the electronic commerce operator shall not collect tax at source under sub-section (1) of section 52 in respect of supply of goods made through it by the said person; and (iv) the electronic commerce operator shall furnish the details of supplies of goods made through it by the said person in the statement in FORM GSTR-8 electronically on the common portal. 2. Where multiple electronic commerce operators are involved in a single supply of goods through electronic commerce operator platform, “the electronic commerce operator” shall mean the electronic commerce operator who finally releases the payment to the said person for the said supply made by the said person through him. 3. This notification shall come into force with effect from the 1st day of October, 2023. By Order and in the Name of Lt. Governor of National Capital Territory of Delhi, RAVINDER KUMAR, Dy. Secretary (Exp.- I) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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