Brokerage Bill and Without GST


Pankaj Arora (Learner)     25 June 2019

Pankaj Arora
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Hi..

ABC Ltd is a real estate company and company has received completion certificate.

My query is company has received some brokerage invoice and broker is not registered under GST, please let me know whether in our case broker needs to register under GST if he supply exclusively for us as our supply post Completion certificate is exempt.

I am also sharing extract of section 24 of CGST Act

CGST section 24
[vii] persons who make taxable supply of goods or services or both on behalf of other taxable persons whether as an agent or otherwise;

In the language, word has used taxable supply but after CC our supply is exempted.

avater

Pankaj Rawat (GST Practitioner)     26 June 2019

Pankaj Rawat
GST Practitioner 
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If refer the definition of Agent in sec 2(5) .........................who carries on the business of supply or receipt of Goods or Services or both on behalf of another .

Prima facie reading provision of Section 24, may contemplates that agent is compulsorily required get registered, but many commission agent who is neither received any goods or services nor supply any goods or services to third person on behalf of company (principal) , so such commission agent are not cover under provision of Section 24 , infact such agent falls under the Defination of Intermediary agent (Refer section 2 (13) IGST Act)

In short such agent (Intermediary) do not required to obtain compulsory Registration & as per my view agent giving services to Real Estate company are mostly intermediary agent

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Pankaj Arora (Learner)     26 June 2019

Pankaj Arora
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Sir, but in our case we are getting sales through broker and that's services to us and vice versa

avater

Pankaj Rawat (GST Practitioner)     26 June 2019

Pankaj Rawat
GST Practitioner 
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DEAR PANKAJ ARORA

ARE YOU RAISING BILLING TO BROKER & BROKER FURTHER RAISING BILL TO CUSTOMER ??? I DONT THINK SO THIS PRACTICE BEING DONE!!!!

 

YOU GETTING SALE THROUGH BROKER , BUT BILL RAISED TO CUSTOMER IS BY COMPANY , SO IN THIS CASE THE BROKER DO NOT FALL UNDER DEFINATION OF AGENT

 

IN SHORT : BROKER WILL NEED TO REGISTER BASED ON HIS OWN AGGREGATE TURNOVER (AS PER SECTION 22  ), SINCE HE IS PROVIDING A SERVICE TO YOU & NOT SELLING GOODS OR SERVICES ON YOUR BEHALF. HE IS JUST A CHANNEL SOURCE


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