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  2. Jun 29, 2024 · According to Circular 199/11/2023-GST dated 17th July 2023, it is clarified that distributing common ITC among branches via the ISD mechanism is not mandatory. Taxpayers may opt for cross-charge billing instead. However, the 2024 budget introduces significant changes to the ISD mechanism under GST.

    • Whether ISD Registration Is Mandatory Or Optional?
    • Clarification by CBIC on Distribution of Credit Through The ISD Mechanism
    • Department’s View on Applicability of ISD Registration
    It is important to note that Section 20(2) of the CGST Act, 2017 provides that ITC through ISD “may”be distributed subject to the following conditions whereas Section 20(1) of the CGST Act, 2017 pr...
    Due to the usage of ‘shall’ under section 20(1) and ‘may’under section 20(2), there is confusion as to whether the distribution of ITC through the ISD mechanism is optional or compulsory.
    It could be interpreted that registration of ISD is mandatory only when opting for the ISD mechanism and the choice of receiving input service invoices go hand in hand with each transaction.
    In this regard, the case of Maini Precisionorder of the Tribunal could be used to contend that the substantive provision for distribution of ITC through ISD is Section 20(2) of the CGST Act, 2017 w...
    It has to be noted that FAQs issued by CBIC on Banking, Insurance and Stock Brokers Sector provide a clue which clarifies that ITC availed on services procured at a registration which are used for...
    FAQ provides an option for the distribution of credit between Cross charge and ISD.
    The relevant extract of the FAQ
    The issue of ISD was already examined by Law Committee (LC) and a draft circular was placed on agenda 6(iv) in the 35th council meeting held on 21.06.2019.
    However, the same was not approved and kept in abeyance to date given some observations made by States.
    Extract of Para 3.1 of draft circular as follows
  3. Mar 11, 2024 · Recent update exempts ISD mechanism in certain cases. ISD must be registered separately, follows invoicing and return rules. Credit distribution has specific conditions and recovery procedures. Common questions include registration, credit distribution, and consequences of non-compliance.

    • Who is an Input Service Distributor? The concept of ISDunder GST is a legacy carried over from the service tax regime. It is an office meant to receive tax invoices towards receipt of input services andfurther distribute the credit of CGST, SGST/UTGST or IGST to supplier units (having the same PAN) proportionately.The CGST Rules, 2017 prescribes the procedural conditions to be complied with by ISD, the Manner and Quantum of Input tax credit ( ITC ) to be distributed by Input Service Distributor to the eligible recipients, the invoice to be issued, Return to be filed by ISDand how to deal with ITC on the credit and debit notes issued to the ISD.
    • Conditions to be compiled by ISD. Tax paid on the services used in course of business by the units of the registered person can only be distributed by ISD to them.
    • Manner of distribution of ITC by ISD. ITC accumulated could be of two sorts : Eligible: that which can be utilised for setting off against output tax liability.
    • Amount of distribution of ITC by ISD. For instance, Some services can be billed on Head office but used by its units. There are three scenarios : Scenario 1: Service billed is used entirely by one recipient unit : Here, the services are used only by one of its units and none other.
  4. Sep 17, 2024 · The taxpayer required to distribute ITC under the ISD Mechanism will be required to register under clause (viii) of section 24, i.e., compulsory registration under GST as ISD by filing FORM GST REG -1. Registration for ISD is mandatory in the distribution of ITC related to common services, irrespective of the turnover limit.

  5. Mar 29, 2024 · Input Service Distributors (ISD) play a crucial role in distributing Input Tax Credit (ITC) among businesses with multiple GST registrations. Recent amendments have made ISD mechanisms mandatory and expanded their scope to include input services under Reverse Charge Mechanism (RCM).

  6. Apr 4, 2024 · The GST Council, in its 50th meeting, recommended making the ISD mechanism mandatory for the distribution of input tax credit (ITC) for common services procured from third parties to distinct persons (i.e., establishments having multiple GSTINs registered under the same PAN).