Manner of Distribution of Credit

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Manner of distribution of credit by ISD (Sec 21)

For distribution of central goods and service tax

(1) The Input Service Distributor shall distribute, in such manner as may be prescribed, the credit of:

  • CGST as CGST or
  • IGST and IGST as
  • IGST or CGST,

By way of issue of a prescribed document.

The document issued must contain, inter alia, the amount of input tax credit being distributed or being reduced thereafter, where the Distributor and the recipient of credit are located in different States.

(2) The Input Service Distributor shall distribute, in such manner as may be prescribed, the credit of CGST and IGST as CGST, by way of issue of a prescribed document containing, inter alia, the amount of input tax credit being distributed or being reduced thereafter, where the Distributor and the recipient of credit, being a business vertical, are located in the same State.

For distribution of state goods and service tax

(1) The Input Service Distributor shall distribute, in such manner as may be prescribed, the credit of:

  • SGST as SGST or IGST,

By way of issue of a prescribed document containing, inter alia, the amount of input tax credit being distributed or being reduced thereafter, where the Distributor and the recipient of credit are located in different States.

(2) The Input Service Distributor shall distribute, in such manner as may be prescribed, the credit of SGST and IGST as SGST, by way of issue of a prescribed document containing, inter alia, the amount of input tax credit being distributed or being reduced thereafter, where the Distributor and the recipient of credit, being a business vertical, are located in the same State.

(3) The Input Service Distributor may distribute the credit subject to the following conditions, namely:

(a) the credit can be distributed against a prescribed document issued to each of the recipients of the credit so distributed, and such document shall contain details as may be prescribed;

(b) the amount of the credit distributed shall not exceed the amount of credit available for distribution;

(c) the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient;

(d) the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed only amongst such recipient(s) to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in a State of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period;

(e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a State of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in thecurrent year, during the said relevant period.

Explanation 1. –For the purposes of this section, the “relevant period” shall be:

(a) if the recipients of the credit have turnover in their States in the financial year preceding the year during which credit is to be distributed, the said financial year; or
(b) if some or all recipients of the credit do not have any turnover in their States in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed.

Explanation 2. – For the purposes of this section, ‘recipient of credit’ means the supplier of goods and / or services having the same PAN as that of Input Service Distributor.

Explanation 3. – For the purposes of this section, ‘turnover’ means aggregate value of turnover, as defined under sub-section (6) of section 2.

As per section 2 sub section 6 “aggregate turnover” means the aggregate value of:

  1. all taxable supplies,
  2. exempt supplies,
  3. exports of goods and/or services and
  4. inter-State supplies of a person having the same PAN,

to be computed on all India basis

However it will excludes taxes, if any, charged under the CGST Act, SGST Act and the IGST Act, as the case may be.

Aggregate turnover does not include the value of inward supplies on which tax is payable by a person on reverse charge basis under sub-section (3) of Section 8 and the value of inward supplies.

Returns:

ISD is required to file monthly return by 13th of the following month in form GSTR-6.

Multiple ISD:

There is no restriction under the act on the number of ISD the same PAN no can hold. Different offices like marketing division, security division etc. may apply for separate ISD.

Recovery of excess/ wrongly distributed credit by ISD:

Section 22

Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section 21 resulting in excess distribution of credit to one or more recipients of credit,

The excess credit so distributed shall be recovered from such recipient(s) along with interest, and

The provisions of section 66 or 67, as the case may be, shall apply mutatis mutandis for effecting such recovery.

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