MM TAX CLUB

Section 194-O of the Income-tax Act, 1961 (‘the Act’) provides that an e-commerce operator shall deduct income-tax at the rate of one per cent of the gross amount of sale of goods or provision of service, or both, facilitated through its digital or electronic facility or platform.

Vide CBDT Circular No. 20/2023 dated 28.12.2023 guidelines have been issued for removal of difficulties and clarity has been provided on various issues pertaining to applicability of section 194-O of the Act in a multiple e-commerce operator model framework, such as the Open Network for Digital Commerce (ONDC). The Circular details several types of situations with examples & provides clarity on multiple issues. Having received representations from various quarters, the CBDT Circular incorporates FAQs on varied issues.      

Union Minister of Commerce & Industry, Consumer Affairs, Food & Public Distribution, and Textiles, Shri Piyush Goyal released the comprehensive "E-Commerce Exports Handbook for MSMEs" prepared by the Directorate General of Foreign Trade (DGFT) in New Delhi today. The Minister said that the Handbook, a significant initiative supporting the objectives of Foreign Trade Policy 2023, will prove to be a definitive guide for MSMEs seeking to harness e-commerce platforms for expanding their exports.

During the launch event, Shri Goyal highlighted the collaborative effort involving various ministries and private sector stakeholders in developing this handbook. The handbook, envisioned as a one-stop repository, provides detailed insights into strategies for promoting exports via e-commerce, facilitating MSMEs to venture into global markets effectively.

The Minister said that India's traditional products like 'Shree Anna' (millets) and numerous other agricultural goods hold substantial demand across the globe, especially in regions with a significant Indian diaspora. He noted that through e-commerce, our goal is to bridge the gap and connect Indian MSMEs, craftsmen, farmers, and food processors with global markets. Shri Goyal reaffirmed the government's commitment to fostering an environment conducive to entrepreneurship, echoing Prime Minister, Shri Narendra Modi's vision of a 'Wed in India' initiative. This initiative aims to position India as a premier wedding destination, aligning seamlessly with the e-commerce promotion of traditional Indian goods, catering to diverse requirements for weddings.

Shri Goyal further announced that the benefit of the Scheme for Remission of Duties and Taxes on Exported Products (RoDTEP) would be extended to courier and postal exports and for this, the necessary IT framework and other enablers are being put in place. He further emphasized that this step should help the SME sectors to take advantage of Government schemes, further pushing the e-Commerce exports and boosting overall export growth from the country to achieve the target of 1 trillion USD merchandise exports by 2030.

The comprehensive handbook, initially released in four languages namely English, Hindi, Gujarati and Kannada, will be translated into all official languages across India, ensuring accessibility and benefitting consumers, entrepreneurs, farmers, and women entrepreneurs looking to contribute significantly to trade and commerce.

To further supplement, the Department of Commerce’s efforts to hand hold, promote new and first-time exporters and other MSME producers to export from India, especially through the E-Commerce route, an Memorandum of Understanding (MoU) was also signed between DGFT and Shiprocket, an E-Commerce enabler for holding capacity building and handholding sessions, as part of the E-Commerce outreach conducted by DGFT Regional Authorities under its Districts as Export Hubs Initiative. This is part of the DGFT’s collaboration with different E-Commerce platforms/enablers to hold training sessions in districts across the country with focus on promoting E-Commerce exports. The E-Commerce exports handbook for MSME will be a key resource for creating awareness on E-Commerce exports through these outreach events in the districts.

India's Foreign Trade Policy 2023 has a stated objective to support Cross-border E-Commerce exports. The policy focuses on empowering artisans, weavers, craftsmen, and MSMEs. An Inter-Ministerial Working Group has also been constituted to address the challenges of E-Commerce Exporters and provide comprehensive solutions. E-Commerce exports is one of the key focus areas in the Foreign Trade Policy.

The release of the Handbook also saw the participation of Director General of Foreign Trade, Shri Santosh Sarangi; Development Commissioner (MSME) Dr. Rajneesh; Additional Director General, Department of Posts, Shri Prannoy Sharma; and senior officers from the Department of Commerce.

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 22/2022-Customs,dated the 30th April, 2022,published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 328 (E), dated the 30th April, 2022, namely:-In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue) No. 22/2022-Customs,dated the 30th April, 2022,published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-Section (i), vide number G.S.R. 328 (E), dated the 30th April, 2022, namely:-

The amendment, made under the authority of section 25(1) of the Customs Act, 1962, introduces changes to the conditions outlined in the original notification. Notably, Condition No. 2 and its corresponding entries in the Annexure are being replaced. The new conditions now specify that the Importer-Exporter Code (IEC) mentioned in the TRQ authorization must belong to nominated agencies notified by the Reserve Bank of India (RBI) for banks, Directorate General of Foreign Trade (DGFT) for other agencies, qualified jewelers notified by the International Financial Services Centres Authority (IFSCA) through India International Bullion Exchange (IIBX), or valid India UAE TRQ Holders notified by IFSCA through IIBX. Additionally, these importers must follow the prescribed procedures in the Customs (Import of Goods at Concessional Rate of Duty or for Specified End Use) Rules, 2022, unless the importer and TRQ holder are the same entity.