TOBACCO PURCHASED THROUGH COMMISSION AGENT

This query is : Resolved

Chirag H. Thakkar (Querist)
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05 May 2023 A person is puchasing Raw Tobacco from Agruculturists through commission agent. Commission Agent giving Delivery challan on his letter head detailing name & quantity of all the agriculturists.
E - way bill on inward suppy is genereated on the name of Commission agent.

Total amount paid to the agent. Agent seprately raising his invoice for commission from the receiver.
The turnover of agent is below 20 lacs so he is not registered under GST.

The receiver is paying 5% GST under RCM and raising invoice with 28% gst on supply of Raw tobacco.

Whether this is correct treatment or any changes has to be made?
Please guide with some supporting provisions.