The ISD will distribute the credit using the document prescribed in this behalf.
• the credit can be distributed to the recipients of credit against a document containing such details as may be prescribed;
• the amount of the credit distributed shall not exceed the amount of credit available for distribution;
• the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient;
• the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory 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;
Further the rules for input tax credit also provide the manner of distribution of credit by an ISD
(a) the input tax credit available for distribution in a month shall be distributed in the same month and the details thereof shall be furnished in Form GSTR-6
(b) the Input Service Distributor shall, in accordance with the provisions of clause (d), separately distribute the amount in-eligible as input tax credit under the provisions of sub-section (5) of section 17 and the amount eligible as input tax credit;
(c) the input tax credit on account of Central tax, State tax, Union territory tax and integrated tax shall be distributed separately in accordance with the provisions of clause (ci);
(d) the input tax credit that is required to be distributed in accordance with the provisions of clauses (ci) and (e) of sub-section (2) of section 20 to one of the recipients ‘R 1’, whether registered or not, from amongst the total of all the recipients to whom input tax credit is attributable, including the recipient(s) who are engaged in making exempt supply, or are otherwise not registered for any reason, shall be the amount, “C1”, to be calculated by applying the following formula:
C1 = (t1/T) X C
where, “C” is the amount of credit to be distributed, “t1” is the turnover, as referred to in section 20, of person Ri during the relevant period, and “T” is the aggregate of the turnover of all recipients to whom the input service is attributable in accordance with the provision of section 20 during the relevant period;
(e) the input tax credit on account of integrated tax shall be distributed as input tax credit of integrated tax to every recipient;
(f) the input tax credit on account of Central tax and State tax/UT tax shall, (z) in respect of a recipient located in the same State in which the Input Service Distributor is located, be distributed as input tax credit of Central tax and State tax/UT tax respectively; (ii) in respect of a recipient located in a State other than that of the Input Service Distributor, be distributed as integrated tax and the amount to be so distributed shall be equal to the aggregate of the amount of input tax credit of Central tax and State tax that qualifies for distribution to such recipient in accordance with clause (ci);
(g) The Input Service Distributor shall issue an ISD invoice, as prescribed in sub-rule (1) of rule invoice-7, clearly indicating in such invoice that it is issued only for distribution of input tax credit.
(h) The Input Service Distributor shall issue an ISD credit note, as prescribed in sub-rule (1) of rule Invoice-7, for reduction of credit in case the input tax credit already distributed gets reduced for any reason.
(i) Any additional amount of input tax credit on account of issuance of a debit note to an Input Service Distributor by the supplier shall be distributed in the manner and subject to the conditions specified in clauses (a) to (f) and the amount attributable to any recipient shall be calculated in the manner provided in clause (ci) above and such credit shall be distributed in the month in which the debit note has been included in the return in Form GSTR-6.
(j) Any input tax credit required to be reduced on account of issuance of a credit note to the Input Service Distributor by the supplier shall be apportioned to each recipient in the same ratio in which input tax credit contained in the original invoice was distributed in terms of clause (d) above, and the amount so apportioned shall be,
(i) reduced from the amount to be distributed in the month in which the credit note is included in the return in Form GSTR-6; and
(ii) added to the output tax liability of the recipient and where the amount so apportioned is in the negative by virtue of the amount of credit to be distributed is less than the amount to be adjusted.
If the amount of input tax credit distributed by an Input Service Distributor is reduced later on for any other reason for any of the recipients, including that it was distributed to a wrong recipient by the Input Service Distributor, the process prescribed in clause (j) of sub-rule (1) shall, mutatis mutandis apply for reduction of credit. |
