This report is the first in our series covering the discussion on the different aspects of eCommerce policy and the impact it has on every aspect of the internet, including digital products and anti-competitive issues, privacy, protectionism. Read the second here. The discussion was held on October 10, in Bengaluru. "Products and services are not easy concepts to regulate. Though the whole world has a challenge, grappling with how to regulate this— not just from the taxation perspective, but generally from a lot of perspectives," said Harshita Thammaiah, from the legal team of Xiaomi India as she responded to a question about how the ecommerce policy looks at digital goods. What follows is a paraphrased, not verbatim, transcript of the discussion, edited for brevity and clarity. Regulation of eCommerce operations Regulation of digital goods: Products and services are not an easy concept to regulate. Under GST, 'digital products' are everything software-related, and can be delivered in a digital format. But 'digital service' is not a digital product. The jurisprudence of actual distinction between these two is always blurred. (Harshita Thammaiah, Xiaomi) HSN is Harmonised System of Nomenclature for doing trade worldwide. It is a trade classification where you classify a good and put it under that category to get rates easily, a code all countries have agreed to. GST talks about HSN and fetters without actually defining it properly and laying down basic framework of regulation. For example, the kind of features in a phone and categorization of whether an app is…
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