Scope of Principal-Agent Relationship under GST: Circular No. 57/31/2018-GST
<p><span>The Central Board of Indirect Taxes and Customs (CBIC) issued Circular No. 57/31/2018-GST on 4th September 2018, to clarify the scope of the principal-agent relationship in the context of Schedule I of the CGST Act. This circular addresses various representations and ensures uniform implementation of GST provisions. Here are the key highlights:</span></p><p><span><strong>1. Definition of Agent</strong></span></p><ul><li><span>An "agent" is defined under Section 182 of the Indian Contract Act, 1872, as a person employed to act on behalf of another (the principal) in dealings with third parties.</span></li><li><span>The term "agent" under Section 2(5) of the CGST Act includes brokers, commission agents, auctioneers, and other mercantile agents.</span></li></ul><p><span><strong>2. Criteria for Principal-Agent Relationship</strong></span></p><ul><li><span>The agent must carry out activities on behalf of the principal, representing the principal in dealings with third parties.</span></li><li><span>The crucial factor is whether the agent issues invoices in their own name for the supply of goods on behalf of the principal.</span></li></ul><p><span><strong>3. Schedule I of the CGST Act</strong></span></p><ul><li><span>Schedule I deems the supply of goods by an agent on behalf of the principal to be a supply, even without consideration.</span></li><li><span>This includes the supply of goods by a principal to an agent for further supply and vice versa.</span></li></ul><p><span><strong>4. Key Scenarios</strong></span></p><ul><li><span><strong>Scenario 1:</strong> An agent procuring goods on behalf of the principal without issuing invoices in their own name is not considered a principal-agent relationship under Schedule I.</span></li><li><span><strong>Scenario 2:</strong> An auctioneer merely providing auction services without issuing invoices in their own name is not considered an agent under Schedule I.</span></li><li><span><strong>Scenario 3:</strong> An auctioneer issuing invoices in their own name on behalf of the principal is considered an agent under Schedule I.</span></li><li><span><strong>Scenario 4:</strong> A commission agent under the APMC Act issuing invoices in their own name is considered an agent under Schedule I. However, if the principal issues invoices directly, the agent is not covered under Schedule I.</span></li></ul><p><span><strong>5. Registration Requirements</strong></span></p><ul><li><span>Agents falling under Schedule I must obtain compulsory registration under Section 24(vii) of the CGST Act.</span></li><li><span>Commission agents for agricultural produce, exempted under Notification No. 12/2017-Central Tax (Rate), are not required to register unless their supply is taxable.</span> <a href="https://cms.plasament.com/storage/circular-no57.pdf">circular_no.57</a><br> </li></ul>