Section 86 - Liability of agent and principal
Chapter XVI - Liability to Pay in Certain Cases
ACTIVEOFFICIAL_TEXT_CAPTUREDindex,follow
Source control: The text/status on this page is tied to the official source gateway and the Phase 1 legal-review register. Open official source.
Finin2min Summary - Section in 2 Minutes
Makes principal and agent jointly and severally liable for tax on taxable goods supplied/received by the agent for the principal. Agency substance and goods movement/invoicing matter.
Exact operative text
86. Liability of agent and principal.-Where an agent supplies or receives any taxable goods on behalf of his
principal, such agent and his principal shall, jointly and severally, be liable to pay the tax payable on such
goods under this Act.
Paragraph-wise decode
Makes principal and agent jointly and severally liable for tax on taxable goods supplied/received by the agent for the principal. Agency substance and goods movement/invoicing matter.
Section-Rule-Form-Notification bridge
No direct Rule certified in Phase 1. Check notifications, circulars, forms and corresponding State law.
The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.
Practical example
A consignment agent sells taxable inventory for a principal; both assess liability and documentary trail.
Professional alert
Labeling a relationship “service provider” does not defeat an actual agency arrangement.
Implementation checklist
- Fix the transaction, taxable period and jurisdiction.
- Read every subsection, proviso, explanation and omission marker.
- Open the mapped Rule, form, notification and circular.
- Test State/UT variation and portal version.
- Preserve evidence, approvals, working papers and acknowledgements.
- Record the conclusion, assumptions, source date and reviewer.
Evidence and retention checklist
- Contract, purchase order, invoice or underlying transaction document.
- Registration, return, ledger, challan and portal acknowledgement.
- Official Act/Rule/notification version used and effective date.
- Internal tax position paper, computation and management approval.
- Correspondence, notices, replies, orders and appeal papers where applicable.
Practical Q&A
- What does section 86 regulate?
- It regulates liability of agent and principal. Read the exact text, conditions, exceptions and transaction date together.
- Which subordinate law should be checked?
- No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
- What evidence should be retained?
- Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
- Can portal behaviour override the statute?
- No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.