Equalisation Levy

Income Tax

Section 165 – Charge of Equalisation Levy on specified services

An equalisation levy at the rate of six per cent will be charged on the amount of consideration for any specified service received or receivable by a non-resident from-

    • a person resident in India and carrying on business or profession
    • a non-resident having a permanent establishment in India.

Equalization levy will not be charged where:

      • the non-resident providing the specified service has a permanent establishment in India and the specified service is effectively connected with such permanent establishment;
      • the aggregate amount of consideration for specified service received or receivable in a previous year by the non-resident from a person resident in India and carrying on business or profession, or from a non-resident having a permanent establishment in India, does not exceed one lakh rupees
      •  where the payment for the specified service by the person resident in India, or the permanent establishment in India is not for the purposes of carrying out business or profession

Section 165A- Charge of equalisation levy on e-commerce supply of services

An Equalisation levy @ 2% of the amount of consideration received or receivable will be levied on the e-commerce operator for supply of e commerce services to any of the following- 

  • to a person resident in India
  • to a non-resident in the specified circumstances as referred to in sub-section (3)
  • to a person who buys such goods or services or both using an internet protocol address located in India.

Equalisation levy will not be charged where:

    • where the e-commerce operator making or providing or facilitating e-commerce supply or services has a permanent establishment in India and such e-commerce supply or services is effectively connected with such permanent establishment
    • where the equalisation levy is leviable under section 165
    • sales, turnover or gross receipts, as the case may be, of the e-commerce operator from the e-commerce supply or services made or provided or facilitated as referred to in sub-section (1) is less than two crore rupees during the previous year.

Section 166 – Collection and recovery of equalisation levy on specified services

  • The equalization levy deducted u/s 165 shall be deposited to the credit of the Central Government by the seventh day of the month immediately following the said calendar month.
  •  Any assessee who fails to deduct the levy will be liable to pay the levy to the credit of the Central Government

Section 166A – Collection and recovery of equalisation levy on e-commerce supply or services

The equalisation levy u/s 165A to be collected and paid quarterly to the credit of Central Government as follows:

  • Quarter 1 : By 7th July
  • Quarter 2 : By 7th Oct
  • Quarter 3 : By 7th Jan
  • Quarter 4 : By 31st Mar

Section 167 (Annual Statement of Equalisation Levy charged):

Interest on delayed payment of equalisation levy

Section 170. Every [assessee or e-commerce operator], who fails to credit the equalisation levy or any part thereof as required under [section 166 or section 166A] to the account of the Central Government within the period specified in that section, shall pay simple interest at the rate of one percent of such levy for every month or part of a month by which such crediting of the tax or any part thereof is delayed.

Penalty u/s 171: Any e-commerce operator who fails to pay the levy/interest is liable to pay a penalty equal to the amount of equalisation levy that he failed to pay.

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