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Circulars
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Regarding extension of Principal and Agent relationship in respect of Del Credere Agent under Schedule-I of the CGST Act
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Principal-agent relationship under GST is extended for del credere agents through administrative circulation of guidance.
Principal and agent relationship under Schedule I of the CGST Act is extended in respect of a Del Credere Agent. The communication forwards the Central Board of Indirect Taxes and Customs circular on this subject and directs that it be brought to the notice of subordinate officers for necessary compliance and communicated to trade organisations. The note serves as an administrative intimation within the GST framework and does not itself create a separate substantive rule beyond circulation of the issued guidance.
Regarding Tax Collection at Source by Tea Board of India
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Tax collection at source by the Tea Board of India is circulated for compliance and trade communication.
Tax collection at source by the Tea Board of India was circulated for the notice of subordinate officers with directions to ensure necessary compliance and to communicate the guidance to trade organizations. The communication forwarded the central GST circular on the subject and was issued with approval of the Commissioner, Commercial Tax, Uttar Pradesh.
Regarding Corrigendum to Circular No. 57/31/2018 dated 04.09.2018
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GST corrigendum circulation directs subordinate officers and trade bodies to follow the updated circular guidance.
A corrigendum to Circular No. 57/31/2018 dated 04.09.2018 is forwarded for information and necessary compliance by subordinate officers under the Uttar Pradesh Commercial Tax administration. The communication directs that the corrigendum be brought to the notice of field officers and also communicated to trade organisations at the local level.
Regarding registration verification
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Registration verification requires timely scrutiny, mandatory business premises inspection, and app-based reporting to curb misuse and tax evasion.
Registration applications received on the GST portal must be examined by the Assistant Commissioner within 3 working days, with acceptance or issuance of a show cause notice. For registrations issued after 01.11.2018, physical verification of the business premises is mandatory, to be conducted by the Commercial Tax Officer and reviewed by the approving Assistant Commissioner. Verification results, photographs, and records are to be uploaded on the common portal in Form GST REG-30 within the prescribed time. An Android-based application is prescribed for recording premises verification data, and strict compliance is required.
Processing of refund under the GST.
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GST refund processing: clarifies invoice submission, ledger debit order, re-credit on rejection and disbursal obligations.
Clarifies GST refund processing: claimants must submit invoice-level details with FORM GST RFD-01A; refundable unutilized ITC is the least of the statutory formula, ledger balance at period end, and ledger balance at filing, and must be debited in order-integrated tax first, then central and state/UT taxes equally with cross-adjustment for shortfalls. Re-crediting on rejection differs where ITC is ineligible (immediate re-credit with demand) versus other reasons (re-credit after undertaking or final adverse appeal decision). Rule 96(10) restricts refunds for direct purchasers/importers benefiting from specified notifications; disbursing authorities must not withhold sanctioned refunds except as statutorily permitted.
Corrigendum to Circular No. 57/31/2018-GST dated 4th September, 2018 issued vide F. No. CBEC/20/16/4/2018-GST corresponding to Circular No. 18/2018-GST (State)
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Compulsory registration for commission agents arises only when the principal is taxable and the agent's supplies are taxable.
A commission agent is mandatorily required to register under the clause for persons making taxable supplies on behalf of others only when the principal is a taxable person and the supplies made by the agent are taxable; an agriculturist supplying produce from cultivation is not a taxable person, so agents acting for such agriculturists are not compulsorily registrable under that clause. Separately, a commission agent liable to pay tax under the reverse charge mechanism must obtain compulsory registration under the provision for reverse charge payers.
TNGST Act, 2017 - Commercial Taxes Department - Guidelines for Deductions and Deposits of TDS by the DDO under GST.
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Tax Deduction at Source under GST: government deductors must deduct, remit TDS and file timely returns to credit suppliers.
Section 51 requires government deductors to deduct TDS on supplies under contracts above the threshold, deposit deducted tax through electronic transfer or authorized bank challan, file monthly returns in GSTR-7 with deduction details, and issue a TDS certificate to deductees. The circular mandates Heads of Departments to nominate Nodal Officers who will open dedicated TDS accounts, register as tax deductors, consolidate DDO schedules, reconcile receipts, and remit amounts via the GSTN portal before the tenth of the succeeding month; DDOs and Treasuries must follow specified submission, payment and reporting procedures.
Collection of tax at source by Tea Board of India.
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Collection of tax at source clarified; field formations must follow central GST Policy Wing guidance for uniform implementation.
The Tripura State GST administration directs all field formations to follow the GST Policy Wing's clarification on collection of tax at source by the Tea Board of India, issued to ensure uniform implementation; this instruction is issued under the Chief Commissioner's authority pursuant to section 168 of the Tripura State Goods and Services Tax Act, 2017.
Scope of principal and agent relationship under Schedule I of GST Act, 2017 in the context of del-credre agent.
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Principal-agent relationship under Schedule I clarified, directing uniform treatment of del credre agent arrangements for GST application.
The Department of Revenue clarified when arrangements with a del credre agent constitute a principal-agent relationship under Schedule I, specifying factual indicators and transactional mechanics to determine whether supply is attributable to the principal or the agent for GST purposes; the state tax administration has directed uniform adoption of this departmental clarification by field formations to ensure consistent implementation.
Scope of Principal-agent relationship in the context of Schedule I of the GST Act.
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Principal-agent relationship under Schedule I clarified; field formations instructed to follow central circular for uniform GST implementation.
The Chief Commissioner directs all field formations to follow the Department of Revenue clarification (Circular No. 57/31/2018 GST) on the scope of the principal agent relationship under Schedule I of the GST Act, explaining when supplies on behalf of another are treated as supplies of the principal, and issues the instruction under powers conferred by section 168 of the Tripura SGST Act to ensure uniform implementation.
Collection of tax at source by Tea Board of India
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Tax at Source collection by electronic operator: Tea Board must collect TCS from sellers and auctioneers on respective net values.
Tea Board, as an electronic commerce operator, must collect TCS at the notified rate separately: from sellers (tea producers) on the net value of the supply of goods (tea), and from auctioneers on the net value of the supply of services (brokerage), based on consolidated payments routed through the Tea Board's escrow account.
Scope of principal and agent relationship under Schedule I of APGST Act, 2017 in the context of del-credre agent
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Agent characterization under Schedule I determines whether interest from del credre credit is included in the value of goods.
A del credre agent paying or advancing short term credit to secure supplier payment may be an agent under Para 3 of Schedule I depending on who issues the invoice: invoice by supplier - DCA not an agent; invoice by DCA - DCA is an agent. If not an agent, the credit is an independent supply and interest charged is not part of the value of goods. If an agent, the credit is subsumed into the goods supply and interest must be included in the value of supply.
Collection of tax at source by Tea Board of India.
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Tax at Source collection by e-commerce operator clarified: Tea Board must collect TCS from sellers and auctioneers.
Tea Board, as an electronic commerce operator, must collect Tax at Source (TCS) under section 52 of the Goa GST Act from (i) sellers (tea producers) on the net value of supply of goods (tea) and (ii) auctioneers on the net value of supply of services (brokerage), where buyers pay consolidated amounts into an escrow account and the Tea Board disburses payments to sellers and auctioneers accordingly.
Scope of principal and agent relationship under Schedule I of Goa Goods and Services Tax Act, 2017 in the context of del-credre agent.
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Principal-agent classification determines whether interest by del credre agents is included in the taxable value of goods.
Whether a del credre agent is an agent under Schedule I depends on invoicing: if the supplier issues the invoice the DCA is not an agent; if the DCA issues the invoice in its own name the DCA is an agent. If not an agent, the short term loan/interest by the DCA is an independent supply and not includible in the value of goods; if an agent, the credit is subsumed into the supply of goods and interest must be included in the value of those goods.
Collection of tax at source by Tea Board of India.
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Tax at Source collection required by e commerce operator: Tea Board must collect TCS from sellers and auctioneers.
Tea Board, as the operator of the electronic auction system, is an e commerce operator required to collect Tax at Source under section 52 of the Assam GST Act. Buyers pay a consolidated sum into an escrow account; Tea Board disburses to sellers for supply of goods and to auctioneers for brokerage only. TCS must be collected separately at the notified rate from sellers on the net value of goods and from auctioneers on the net value of services. The circular is clarificatory and issued for uniform implementation under section 168.
Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credre agent.
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Principal-agent characterisation determines whether del credre interest is an independent service or part of goods' value.
Whether a del credre agent falls within the ambit of agent under Para 3 of Schedule I depends on invoicing: if the supplier issues the invoice, the DCA is not an agent; if the DCA invoices in his own name, the DCA is an agent. If not an agent, the short term loan by the DCA is an independent supply of services and interest charged is not included in the value of the supplier's goods. If the DCA is an agent, the credit is subsumed into the supply of goods and interest must be included in the value of those goods under section 15(2)(d).
Processing of Applications for Cancellation of Registration submitted in FORM GST REG-16.
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Cancellation of GST registration: procedural filing, officer timelines, query process, and final return obligations.
Applications for cancellation in FORM GST REG-16 must state contact details, reason, effective date, stock and tax particulars, transfer particulars where relevant, and last return details; the portal records the application for the jurisdictional officer. Proper officers should accept applications within thirty days except when applications are incomplete or the transferee is not registered, in which case the officer must notify discrepancies, allow seven working days for reply, and may reject after hearing and recording reasons. If accepted, cancellation is ordered in FORM GST REG-19 with the effective date as sought, not earlier than the application date.
Corrigendum to Circular No. 57/2018-GST dated the 5th November, 2018 (effective from 4th September, 2018).
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Compulsory registration for commission agents clarified: required only when principal is taxable and supplies are taxable.
Mandatory registration of a commission agent under clause (vii) of section 24 arises only when both the principal is a taxable person and the supplies made by the agent are taxable. Commission agents acting for agriculturists who are not taxable persons are not subject to compulsory registration under clause (vii). Separately, commission agents who are liable to pay tax under the reverse charge mechanism remain required to register compulsorily under the provision applicable to reverse charge liability.
Collection of tax at source by Tea Board of India
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Tax at Source collection required from tea sellers and auctioneers for goods and brokerage through escrow payment mechanism.
The operator of the electronic auction system is an electronic commerce operator obliged to collect Tax at Source. Buyers pay consolidated sums into an escrow from which the operator remits payments to sellers for tea (goods) and to auctioneers for brokerage (services). TCS must be collected separately from sellers on the net value of goods and from auctioneers on the net value of services.
Scope of principal and agent relationship under Schedule I of GGST Act, 2017 in the context of del-credrc agent.
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Principal-agent characterization under Schedule I determines whether del credre credit interest is includible in transaction value.
Classification of a del-credre agent depends on invoice issuance: if the supplier issues the invoice the DCA is not an agent; if the DCA invoices in its own name the DCA is an agent. If not an agent, the loan or credit extended by the DCA is an independent supply of services and interest charged is not included in the value of the supplier's goods. If the DCA is an agent, the temporary credit is subsumed in the supply of goods by the DCA and interest charged must be included in the transaction value of those goods.

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