The income tax department has clarified the applicability of TDS liability of e-retailers trading through the government’s ONDC initiative. ONDC or Open Network for Digital Commerce is a new initiative of the Department for Promotion of Industry and Internal Trade (DPIIT) incorporated in December 2021.
A Section 8 company, ONDC is an initiative of the DPIIT to create a facilitative model to help small retailers take advantage of digital commerce. It is not an application, platform, intermediary, or software but a set of specifications designed to foster open, unbundled, and interoperable open networks.
CBDT issues FAQ on taxation
As per the FAQs issued by the Central Board of Direct Taxes (CBDT), a 1% TDS will have to be deducted from the gross sale amount after including convenience/ packaging/shipping fees as charged by ecommerce trading platforms for the order placed on ONDC.
The CBDT had received representations seeking clarity on who should be liable for Tax Deducted at Source (TDS) compliance under I-T laws. Under the law, every ecommerce operator is required to deduct TDS at the rate of 1% of the sales amount of goods/services sold through its platform.
The CBDT has clarified that in a situation where multiple e-commerce operators (ECOs) are involved in a single transaction through the ECO platform, the TDS compliance is to be done by the supplier side, who finally releases the payment to the supplier.