EXTRAORDINARY

Department of Finance

Office of the Commissioner of Commercial Taxes

Subject: Clarification on various doubts related to treatment of secondary or post-sale discounts

under GST-reg.

Ref.: Circular No. 251/08/2025-GST dated 12th September, 2025 issued under the Central Goods

and Services Tax Act, 2017 by the GST Policy Wing, Central Board of Indirect Taxes and

Customs, Department of Revenue, Ministry of Finance, Government of India, New Delhi.

Circular

(No. 01/2025-26-GST)

The GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry

of Finance, Government of India, New Delhi has issued the above referred Circular.

For the uniformity in implementation and in exercise of the powers conferred under Section 168 of the

Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) it is hereby directed that the Said Circular

issued by the GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue,

Ministry of Finance, Government of India shall be applicable, mutatis mutandis, in implementation of the

Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached herewith as Annexure.

Difficulty, if any, in implementation of this circular may please be brought to the notice of the

undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State Taxes, Goa.

Panaji.

No. CCT/26-4/2025-26/H/3029

Date : 10-Oct-2025

Suggestions are welcomed on e-mail: [email protected]

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RNI No. GOAENG/2002/6410

Panaji, 10th October, 2025 (Asvina 18, 1947)

SERIES II No. 28

PUBLISHED BY AUTHORITY

ANNEXURE

Circular No. 251/08/2025-GST

F. No. CBIC-20001/3/2025-GS-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

North Block, New Delhi

Dated the 12th September, 2025

To,

The Principal Chief Commissioners/Chief Commissioners of Central Tax (All)

The Principal Director Generals/Director Generals (All)

Madam/Sir,

Subject: Clarification on various doubts related to treatment of secondary or post-sale discounts

under GST-reg.

Representations have been received seeking clarifications in respect of tax treatment in cases of

secondary discounts or post-sale discount.

2. The matter has been examined. In order to ensure uniformity in the implementation of the law across

the field formations, the Board, in exercise of its powers conferred under sub-section (1) of Section 168 of

the Central Goods and Services Tax Act, 2017 (hereinafter referred to as “the CGST Act”) clarifies the

issues as under:

S. No.

Issue

Clarification

1.

Whether the full input tax

credit is available to the

recipient of supply when the

recipients make discounted

payments to the supplier of

goods on account of financial/

/commercial

credit

notes

issued by the said supplier?

1. Section 16 (1) of the CGST Act, 2017 provides that every registered person

shall be entitled to take credit of input tax charged on any supply of goods

or services or both, which are used or intended to be used in the course or

furtherance of his business.

2. It has been clarified vide circular No. 92/11/2019-GST dated 7th March,

2019 that the supplier of goods can issue financial/commercial credit notes

and in such cases, he will not be eligible to reduce his original tax liability.

As the transaction value is not allowed to be reduced on account of

issuance of financial/commercial credit note, accordingly the tax charged

from the recipient would also not get reduced.

3. Thus, it is clarified that the recipient will not be required to reverse the

Input Tax Credit attributed to the discount provided on the basis of

financial/commercial credit notes issued by the supplier, as there is no

reduction in the original transaction value of the supply and accordingly the

corresponding tax liability would also not get reduced.

2.

Whether a post-sale discount

offered by a manufacturer to

its dealer/distributor, would

be treated as a consideration

paid by the manufacturer for

the dealer’s supply of the

same

goods

to

the

end

customer as a monetary value

of the inducement to supply

of goods manufactured by

him to the end customer?

1. Section 2 (31) of the CGST Act, 2017 defines consideration as to include

the monetary value of any act for the inducement of the supply of goods or

services, whether by the recipient or by any other person.

2. In cases where there is no agreement between the manufacturer and the end

customer, there are two independent sale transactions, one from the

manufacturer to the dealer and the other from the dealer to the end

customer. The essence of the matter is that in a contract of sale, the sale is

completed on the transfer of title to the goods to the buyer. Once this

happens, the buyer becomes the owner of the goods, and the seller has no

vestige of the title or claims therein. The dealer takes ownership of the

goods purchased from the manufacturer and subsequently sells them to the

end customer and transaction between the manufacturers to dealer operates

978

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

(EXTRAORDINARY)

10TH OCTOBER, 2025

on a principal-to-principal basis. These discounts are simply given for

competitive pricing to push sales and merely reduce the sale price of the

goods and are not linked to any independent activity rendered to the

manufacturer. Therefore, it is clarified that such a discount cannot be

included in consideration as the monetary value of the inducement of

further supply of these goods.

3. However, in cases where the manufacturer has some agreement with an

end customer to supply goods at a discounted price, the manufacturer

may issue commercial or financial credit notes to the dealer, enabling

such dealer to provide the goods at the agreed discounted rate to the end

consumer. Therefore, it is clarified that such a post-sale discount, given

by the manufacturer to the dealer for supplying goods to the end

customer at a discounted rate, should be included in the overall

consideration as it is an inducement towards the supply of goods by

the dealer to the end customer.

3.

Whether a post-sale discount

extended

by

the

manufacturer to the dealer

can

be

treated

as

a

consideration in lieu of the

activities

performed

to

promote

the sale of the

goods?

1. The matter has been examined. When dealers receive such post-sale

discounts, they may engage in promotional activities to boost sales.

However, these activities ultimately enhance the sale of goods that the

dealers themselves own, thereby increasing their own revenue. In this

context, the discount merely reduces the sale price of the goods and is

not linked to any independent service rendered to the manufacturer.

Therefore, it is clarified that post-sale discounts offered by

manufacturers to dealers in such cases shall not be treated as

consideration for a separate transaction of supply of services.

2. However, GST would be leviable in cases where a dealer undertakes

specific sales promotional activities, such as advertising campaigns, co-

branding, customization services, special sales drives, exhibition

arrangements, or customer support services, etc., only when such

services are explicitly stated in the agreement with a clearly defined

consideration payable for such a supply. In such cases, the dealer

provides a distinct service to the supplier, and accordingly, GST would

be chargeable.

3. It is requested that suitable trade notices may be issued to publicize the contents of this circular.

4.

Difficulty if any, in the implementation of this circular may be brought to the notice of the

Board.

Yours faithfully,

(Gaurav Singh)

Commissioner (GST).

__________

Subject: Withdrawal of circular No. 06/2024-2025-GST dated 30th July, 2024–reg.

Ref.: Circular No. 253/10/2025-GST dated 1st October, 2025 issued under Central Goods and

Services Tax Act, 2017 by the GST Policy Wing, Central Board of Indirect Taxes and

Customs, Department of Revenue, Ministry of Finance, Government of India, New Delhi.

Circular

(No. 02/2025-26-GST)

No. CCT/26-4/2025-26/H/3030

Date : 10-Oct-2025

979

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

(EXTRAORDINARY)

10TH OCTOBER, 2025

The GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue, Ministry

of Finance, Government of India, New Delhi has issued the above referred Circular.

For the uniformity in implementation and in exercise of the powers conferred under Section 168 of the

Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017) it is hereby directed that the Said Circular

issued by the GST Policy Wing, Central Board of Indirect Taxes and Customs, Department of Revenue,

Ministry of Finance, Government of India shall be applicable, mutatis mutandis, in implementation of the

Goa Goods and Services Tax Act, 2017 (Goa Act 4 of 2017).

A copy of the above referred circular is attached herewith as Annexure.

Difficulty, if any, in implementation of this circular may please be brought to the notice of the

undersigned.

Given under the seal of this office.

Vishant S. N. Gaunekar, Commissioner of State Taxes, Goa.

Panaji.

____________

ANNEXURE

Circular No. 253/10/2025–GST

F. No. CBIC-20001/3/2025-GST

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

GST Policy Wing

******

North Block, New Delhi,

Dated the 1st October, 2025

To,

The Principal Chief Commissioners/Chief Commissioners (All)

The Principal Directors General/Directors Generals (All)

Madam/Sir,

Subject: Withdrawal of circular No. 212/6/2024-GST dated 26th June, 2024–reg.

Kind attention is invited to circular No. 212/6/2024-GST dated 26th June, 2024 wherein clarifications

were given in relation to mechanism for providing evidence of compliance of conditions of Section 15(3)(b)

(ii) of the CGST Act, 2017 by the suppliers.

2. In order to ensure uniformity in the implementation of the provisions of the law across field

formations, the Board, in exercise of its powers conferred by Section 168(1) of the Central Goods and

Services Tax Act, 2017, hereby withdraws circular No. 212/6/2024-GST dated 26th June, 2024. Therefore,

the procedure prescribed vide the aforesaid circular for providing evidence of compliance of conditions of

Section 15(3)(b)(ii) shall not be required.

3. It is requested that suitable trade notices may be issued to publicize the contents of this Circular.

4. Difficulty, if any, in implementation of this circular may please be brought to the notice of the Board.

Yours faithfully,

(Gaurav Singh)

Commissioner (GST).

980

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 28

(EXTRAORDINARY)

10TH OCTOBER, 2025

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