2019 (10) TMI 616 - AAR - GST

Court rules e-commerce platform not liable for tax on driver services; tax at source required.

In Re: M/s. Humble Mobile Solutions Pvt. Ltd.

In Re: M/s. Humble Mobile Solutions Pvt. Ltd. - 2019 (31) G.S.T.L. 653 (A. A. R. - GST) Issues Involved:1. Liability to pay tax for supply of services by drivers through the e-commerce platform.2. Applicability of tax collection at source (TCS) under section 52 of the CGST Act, 2017.Issue-wise Detailed Analysis:1. Liability to Pay Tax for Supply of Services by Drivers through the E-commerce Platform:The applicant, a private limited company, operates an electronic platform 'DriveU' to connect drivers and customers. The drivers are independent service providers, not employees of the applicant. The applicant facilitates the provision of driving services but does not directly provide these services. The drivers and customers enter into a direct agreement, with the applicant acting merely as an intermediary.The applicant's business model involves three supplies:- First Supply: Facilitating the connection between drivers and consumers via the e-commerce platform. The applicant does not provide drivers but facilitates the service.- Second Supply: E-commerce services provided to drivers, for which the applicant charges a convenience fee, including GST.- Third Supply: Manpower services provided by drivers to consumers, with the applicant facilitating payment collection.The applicant contends that the services provided by drivers do not fall under the categories notified under section 9(5) of the CGST Act, 2017. Therefore, the applicant is not liable to pay GST on these services. The services by drivers are not among those notified under Notification No. 17/2017 - Central Tax (Rate), which includes services like transportation of passengers by radio-taxi, accommodation services, and housekeeping services.The judgment confirms that the applicant is not liable for GST on the services provided by drivers through the platform, as these services are not covered under section 9(5) of the CGST Act. The drivers are independent service providers, and the tax liability remains with them.2. Applicability of Tax Collection at Source (TCS) under Section 52 of the CGST Act, 2017:The applicant's business model involves collecting payments from customers on behalf of drivers. Section 52 of the CGST Act mandates e-commerce operators to collect tax at source on the net value of taxable supplies made through their platform, where the consideration is collected by the operator.The judgment notes that the applicant is required to collect tax at source under section 52 on the value of services provided by drivers when the consideration is collected by the applicant. This provision came into force on 1st October 2018. The collected tax is eligible for credit in the electronic credit ledger of the third-party suppliers (drivers), who remain responsible for their tax liabilities.Ruling:The applicant is not liable to pay tax for the supply of services by drivers through the e-commerce platform but is liable to pay tax on the services provided to the drivers. Additionally, the applicant must collect tax under section 52 on the net value of taxable supplies made by the drivers through the platform where the consideration is collected by the applicant.