Clarification on ITC Reversal by ECOs for Supplies Under Section 9(5)

Type of Document: Circular

Notification Date: 31 December 2024

Relevant Act(s)/Rule(s): Central Goods and Services Tax Act, 2017, Central Goods and Services Tax Rules, 2017

Circular No.: 240/34/2024-GST

 

This circular provides clarifications for electronic commerce operators (ECOs) liable to pay tax under Section 9(5) of the CGST Act for specified services.
ECOs supply two types of services:
(i) notified services under Section 9(5), and
(ii) their own platform services.
ECOs can avail ITC on inputs and input services used to facilitate platform services. However, they are not required to reverse ITC proportionately under Section 17(1) or 17(2) for supplies under Section 9(5). Tax liability for such supplies must be paid entirely in cash and cannot be offset using ITC. The ITC availed for inputs and input services may only be used for discharging tax liability for their own services. This clarification extends principles outlined in Circular No. 167/23/2021 to other notified services under Section 9(5).

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