How to distribute common credit among all the units of an ISD?

How to distribute common credit among all the units of an ISD?
Question 12
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 12. How to distribute common credit among all the units of an ISD?
Ans. The common credit used by all the units can be distributed by ISD on pro rata basis i.e. based on the turnover of each unit to the aggregate turnover of all the units to which credit is distributed.

Statute, statutory provisi

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What are the documents through which the credit can be distributed by an ISD?

What are the documents through which the credit can be distributed by an ISD?
Question 11
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 11. What are the documents through which the credit can be distributed by an ISD?
Ans. The document under which the credit can be distributed is yet to be prescribed. The Act provides that the credit can be distributed only through prescribed document.

Statute, statutory provisions

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Whether SGST credit can be distributed as IGST credit by an ISD to units located in different States?

Whether SGST credit can be distributed as IGST credit by an ISD to units located in different States?
Question 8
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 8. Whether SGST credit can be distributed as IGST credit by an ISD to units located in different States?
Ans. Yes, an ISD can distribute SGST credit as IGST for the units located in different States.(Section 17(2)

Statute, statutory provisions legislation, la

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Whether CGST and IGST credit can be distributed by ISD as IGST credit to units located in different States?

Whether CGST and IGST credit can be distributed by ISD as IGST credit to units located in different States?
Question 7
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 7. Whether CGST and IGST credit can be distributed by ISD as IGST credit to units located in different States?
Ans. Yes, CGST credit can be distributed as IGST and IGST credit can be distributed as IGST by an ISD for the units located in different States (Sect

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What are the provisions for recovery of excess/ wrongly distributed credit by ISD?

What are the provisions for recovery of excess/ wrongly distributed credit by ISD?
Question 6
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 6. What are the provisions for recovery of excess/ wrongly distributed credit by ISD?
Ans. Sections 18(1) and 18(2) provide for recovery of excess/wrongly distributed credit by initiating action against the ISD itself or against the recipient of credit so distributed under section 51

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What are the conditions/restrictions for distribution of credit?

What are the conditions/restrictions for distribution of credit?
Question 3
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 3. What are the conditions/restrictions for distribution of credit?
Ans. The distribution of credit would be done subject to the following conditions:
a) Credit should be distributed through tax invoice or other document as prescribed;
b) Amount of credit distributed should not exceed the amount of

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What are the requirements for registration as ISD?

What are the requirements for registration as ISD?
Question 2
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 2. What are the requirements for registration as ISD?
Ans. An ISD is required to obtain registration as a deemed supplier of services [section 19 read with para 5(vii) of Schedule III]. The threshold limit of registration is not applicable to ISD. The registration of ISD under the existing regime (i.e. under Service

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What is Input Service Distributor (ISD)?

What is Input Service Distributor (ISD)?
Question 1
Bill
Concept of Input Service Distributor in GST
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 1. What is Input Service Distributor (ISD)?
Ans. As per Section 2(56) of MGL, ISD means an office of the supplier of goods and / or services which receives tax invoices issued under section 23 towards receipt of input services and issues tax invoice or such other document as prescribed for the purposes of distributing the cre

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What will be the tax impact when capital goods on which ITC has been taken are supplied by taxable person?

What will be the tax impact when capital goods on which ITC has been taken are supplied by taxable person?
Question 31
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 31. What will be the tax impact when capital goods on which ITC has been taken are supplied by taxable person?
Ans. As per section 16(15) of the MGL, in case of supply of capital goods on which input tax credit has been taken, the registered taxable person shall pay an amount equal to t

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Section 29 of the MGL provides that the ITC would be confirmed only if the inward details filed by the recipient are matched with the outward details furnished by the supplier in his valid return. What happens if there is a mismatch?

Section 29 of the MGL provides that the ITC would be confirmed only if the inward details filed by the recipient are matched with the outward details furnished by the supplier in his valid return. What happens if there is a mismatch?
Question 30
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 30. Section 29 of the MGL provides that the ITC would be confirmed only if the inward details filed by the recipient are matched with the outward details furnish

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Is there any negative list on which ITC is not permitted?

Is there any negative list on which ITC is not permitted?
Question 29
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 29. Is there any negative list on which ITC is not permitted?
Ans. Section 16 (9) of the MGL provides for the negative list with respect to the admissibility of ITC. It has been provided that the ITC on following items cannot be availed:
(a) motor vehicles, except when they are supplied in the usual course of business or are used for providing the following taxable services- (i) transportation of passengers, or
(ii) transportation of goods, or
(iii) imparting training on motor driving skills;
(b) goods and / or services provided in relation to food and beverages, outdoor ca

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What is the time limit for taking ITC?

What is the time limit for taking ITC?
Question 28
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 28. What is the time limit for taking ITC?
Ans. As per Section 16 (15) of the MGL, ITC cannot be taken beyond the month of September of the following FY to which invoice pertains or date of filing of annual return, whichever is earlier.
The underlying reasoning for this restriction is that no change in return is permitted after September of next FY. If

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Who will get the ITC where goods have been delivered to a person other than taxable person (‘bill to’- ‘ship to’ scenarios)?

Who will get the ITC where goods have been delivered to a person other than taxable person (‘bill to’- ‘ship to’ scenarios)?
Question 27
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 27. Who will get the ITC where goods have been delivered to a person other than taxable person ('bill to'- 'ship to' scenarios)?
Ans. As per explanation clause to section 16(11) of the MGL, for this purpose of receiving the goods, it would be deemed that the ta

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Where the goods against an invoice are received in lots or instalments, how will a registered taxable person be entitled to ITC?

Where the goods against an invoice are received in lots or instalments, how will a registered taxable person be entitled to ITC?
Question 26
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 26. Where the goods against an invoice are received in lots or instalments, how will a registered taxable person be entitled to ITC?
Ans. As per proviso to section 16(11) of the MGL, the registered taxable person shall be entitled to the credit upon receipt of the

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What are the conditions necessary for obtaining ITC?

What are the conditions necessary for obtaining ITC?
Question 25
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 25. What are the conditions necessary for obtaining ITC?
Ans. As per Section 16(11) of the MGL, following four conditions are stipulated:
(a) The registered taxable person should be in possession of tax paying document issued by a supplier;
(b) The taxable person must have received the goods and / or services;
(c) The tax charged on suc

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

Where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act, 1961, will ITC be allowed in such cases?

Where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act, 1961, will ITC be allowed in such cases?
Question 24
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 24. Where the registered taxable person has claimed depreciation on the tax component of the cost of capital goods under the provisions of the Income Tax Act, 1961, will ITC be allowed in such cases?

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

A Taxable person is in the business of information technology. He buys a motor vehicle for use of his Executive Directors. Can he avail the ITC in respect of GST paid on purchase of such motor vehicle?

A Taxable person is in the business of information technology. He buys a motor vehicle for use of his Executive Directors. Can he avail the ITC in respect of GST paid on purchase of such motor vehicle?
Question 23
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 23. A Taxable person is in the business of information technology. He buys a motor vehicle for use of his Executive Directors. Can he avail the ITC in respect of GST paid on purchase of such mo

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =

What is the liability of the principal if the capital goods sent to job worker have not been received within 2 years from the date of being sent?

What is the liability of the principal if the capital goods sent to job worker have not been received within 2 years from the date of being sent?
Question 22
Bill
Input Tax Credit
FAQ on GST dated 21.9.2016 based on Draft Model GST
Q 22. What is the liability of the principal if the capital goods sent to job worker have not been received within 2 years from the date of being sent?
Ans. Principal has to pay an amount equal to credit taken on such capital goods along with interes

= = = = = = = =

Plain text (Extract) only
For full text:-Visit the Source

= = = = = = = =