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Analysis of 55th GST Council’s decision to clarify that RBI regulated Payment Aggregators are eligible for the exemption, not payment gateway (PG)

Vivek Jalan
GST Council: Only RBI-Regulated Payment Aggregators Get Tax Exemption Under Entry 34, Notification 12/2017-CT(R. The 55th GST Council clarified that only RBI-regulated Payment Aggregators qualify for a tax exemption under entry No. 34 of notification No. 12/2017-CT(R), as they are considered 'acquiring banks.' This exemption does not extend to payment gateways or other fintech services that do not handle fund settlements. Payment Aggregators facilitate online transactions between businesses and customers, enabling various payment methods. In contrast, payment gateways serve as digital services for processing payments, acting as intermediaries between merchants and banks. The distinction ensures that only entities involved in fund settlement receive the specified tax benefits. (AI Summary)

To clarify that RBI regulated Payment Aggregators are eligible for the exemption under entry at Sl. No. 34 of notification No. 12/2017-CT(R) dated 28.06.2017 since they fall within the ambit of ‘acquiring bank’ as defined in the said entry.

To also clarify that this exemption does not cover payment gateway (PG) and other fintech services which do not involve settlement of funds.

Our Comments:

A payment aggregator is a third-party payment processor like Razorpay that facilitates online transactions between businesses and customers. It enables businesses to accept various payment methods, such as credit cards, debit cards, UPI, net banking, and digital wallets

Status of Applications received from Online Payment Aggregators (PAs) under Payment and Settlement Systems Act, 2007 – As on December 16, 2024

Table A: Existing PAs who can operate as Online Payment Aggregators

Sr No.

Name of the entity

1

Dreamplug Paytech Solutions Private Limited

2

Easebuzz Private Limited

3

Futuretek Commerce Private Limited

4

Hiveloop Internet Private Limited

5

Mpurse Services Private Limited

6

Nomisma Mobile Solutions Private Limited

7

NTT DATA Payment Services India Limited

8

Paymate India Private Limited

9

PayU Payments Private Limited

10

Phi Commerce Private Limited

11

PhonePe Private Limited

12

Pine Labs Private Limited

13

Tyche Payment Solutions Private Limited

14

Unimoni Enterprise Solutions Private Limited *

15

Vay Network Services Private Limited

16

Xsilica Software Solutions Private Limited

17

Zaak Epayment Services Private Limited

 

18

Freecharge Payment Technologies Private Limited *

19

Global Payments Asia-Pacific (India) Private Limited *

20

LivQuik Technology (India) Private Limited

21

PayTM Payments Services Limited *

22

Tapits Technologies Private Limited *

 

 

A payment gateway is a digital service that allows businesses to accept and process payments from customers. It acts as a secure bridge between the merchant and the bank, enabling businesses to accept payments through websites, mobile apps, or in physical stores. Some PGs are –

1. PayU

2. CCAvenue

3. Instamojo

4. PhonePe

5. OPEN

6. MobiKwik

7. Cashfree

8. BillDesk

9. Citrus Pay

RBI regulated Payment Aggregators and not Payment Gateways are eligible for the exemption under entry at Sl. No. 34 of notification No. 12/2017-CT(R) dated 28.06.2017 since they fall within the ambit of ‘acquiring bank’ as defined in the said entry.

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