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(See 'ST se GST tak') Customs - Exempted Imports - Export Obligation - Even if DGFT holds that export obligation is fulfilled, it is not binding on Customs: Supreme Court (See 'Breaking News') CBDT simplifies procedures for e-filing, e-payment and online application for PAN (See 'Mixed Buzz') Cus - There is no provision for filing ROM application against order of Tribunal deciding ROM application - Application not maintainable, hence dismissed: CESTAT (See 'Breaking News') Latin America and Caribbean economies slowing down: UN Forum (See 'Mixed Buzz') I-T- Whether when time limit for investment in shares is six months from date of transfer and even if such investment falls under two financial years,benefit claimed by assessee cannot be denied - YES: ITAT (See '2015-TIOL-1188-ITAT') OMCs reduce petrol price by Rs 2.43 per litre & Diesel by Rs 3.60 per litre AP and Karnataka urge Centre to hike import duty on raw silk to at least 15% Anusha Khurana, IRS, 97 batch, goes to Competition Commission as Joint DG DoP&T empanels 74 IRS officers for JS-level posts under Central Staffing Scheme (See 'Service News' in Pitara) Two IRS Officers posted as OSDs in CBEC (See 'Transfer' in Pitara) CBEC reduces Tariff Value of Silver, all oils & brass scrap (See 'What's New') Imbroglio continues in RS; No business transacted ST - Appellant collects toll & deposits same with NHAI and either retains part of sum which was collected as toll or gets fixed amount by NHAI - collection of toll is not to be considered as BAS provided to NHAI: CESTAT (See 'Breaking News') ST - Commission for promoting of auto loans - Appellant admitted that in case of HDFC Bank they had raised debit notes for ST but bank did not pay - This is no excuse for not paying tax - extended time period is invokable: CESTAT (See 'Breaking News') CBDT Notifies new ITR Forms (See 'DDT' Column) Exemption certificate can be signed by CEO of PSU - Notfn. 39/96-Cus amended (See 'What's New') Exemption to Anti-Tuberculosis Drugs, Diagnostics & Equipments extended till 01.04.2016 (See 'What's New') I-T - Whether if assessee was originally claiming Sec 10B benefits, it can claim Sec 10A benefits once it acquires a running business having entitlement for claiming deduction u/s 10A - YES: ITAT (See 'Breaking News') CENVAT Credit on M.S.Plates, M.S.Angles, M.S.Channels and H.R. Plates used for construction of plant - High Court sets aside order of Tribunal denying credit prior to 07.07.2009 (See 'Breaking News') Reduction of CENVAT credit on Intangible Services + Consultant pocketing Service Tax and giving forged challans to assessee (See 'DDT') Is there rampant misuse of Notification Nos 49 & 50/2003-CX? (See 'Guest' Column) Whether when the assessee has accepted assessment order, correctness of which can also be agitated before revisional authority, cannot directly challenge consequential recovery notice before HC - YES: HC (See '2015-TIOL-1730-HC') Tribunal to correct its approach so as to ensure such lapses do not recur (See 'DDT') I-T- Whether profit on cancellation of forward marketing contract is to be treated as export turnover within the meaning of Section 80HHC - YES: HC (See '2015-TIOL-1733-HC') World's population - India projected to surpass China in 7 years; Nigeria to surpass USA for third place (See 'Mixed Buzz') CBDT notifies New Forms - ITR-3, ITR-4, ITR-5, ITR-6 & ITR -7 Indians dying due to antibiotic resistance - Govt admits it does not collect data (See 'Mixed Buzz')
 
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How does Input Service Distributor distribute service tax credit?

MAY 18, 2011

By Anuj Bansal, CA  

INPUT Service Distributor means an office of the manufacturer or producer of final products or provider of output service, which receives invoices towards purchases of input services from the provider of input services and further, distribute the Input Tax Credit by issuing invoices, bill or challan to such manufacturer or producer or provider.

Registration of ISD:

ISD shall make an application for registration within a period of thirty days from the commencement of business.

ISD shall issue an Invoice:

Input service distributor shall in respect of credit distributed issue an invoice / bill / challan to each of the recipient of the credit.

Invoice / bill / challan shall have following contents:

++ Serial number.

++ Name, address and registration number of the person providing input services.

++ Serial number and date of invoice of the person providing input services.

++ Name, address and the registration number of the ISD.

++ Name and address of the recipient of the credit distributed.

++ The amount of credit distributed.

++ Signed by the authorized person.

Return:

ISD shall furnish a half yearly return.

Distribution credit by ISD:

As stated above ISD distributes credits to its units providing taxable services or manufacturing excisable goods. The distribution of such credit is subject to the following conditions:

(a) the credit distributed against an eligible document shall not exceed the amount of service tax paid thereon, and

(b) credit of service tax attributable to services used in a unit either exclusively manufacturing exempted goods or exclusively providing exempted services shall not be distributed.

There is no specific method / provision for distribution of credit is prescribed under the law. In the case of Ecof Industries P. Ltd. v. CCE (2010) 17 STR 515 (Tri-Bang.) it has been held that there is no restriction on the distribution of service tax credit. Further, the court observed that in case department wants to place restriction on distribution of service tax credit, the rule is required to be amended. Accordingly, even in case the whole of Input Tax Credit is distributed / transferred to one unit, same shall not be disputed by the department. However, generally the Credit is distributed in accordance to the ratio of turnover of goods / services by each of the unit manufacturing the goods or providing the services. The said method is explained with the help of an example as follows:


Particulars

 

Turnover

Tax

 

 

(Rs.)

(Rs.)

Taxable & Exempted Goods / Services

 

 

 

Factory Unit - Excisable Goods

(a)

20000000

2400000

 

 

 

 

Unit providing Taxable Services

(b)

10000000

1000000

 

 

 

 

Unit providing Exempted Services (including trading)

(c)

10000000

1000000

Input Services :

 

 

 

 

 

 

 

Excise

   

Input Services Directly related to Factory Unit

(d)

200000

20000

ISD in relation to Factory Unit

(e) = (o)

 

50000

Total Input Service Tax Available for set-off

(f) = (d) + (e)

 

70000

 

  

Services

  

Input Services Directly related to Unit providing Taxable Services

(g)

500000

50000

ISD in relation to Unit providing Taxable Services

(h) = (p)

 

25000

Total Input Service Tax Available for set-off

(i) = (j) + (k)

 

75000

 

  

Common Services Input

  

- Advertisement

(l)

500000

50000

- Rent of office

(m)

500000

50000

Total

(n) = (l) + (m)

1000000

100000

 

  

Distribution of Input Tax Credit

  
 

  

ISD in relation to Factory Unit

(o) = (n) X (a) / [(a) + (b) +(c)]

 

50000

 

  

ISD in relation to Unit providing taxable Services

(p) = (n) X (b) / [(a) + (b) +(c)]

 

25000

 

  

ISD in relation to Unit providing Exempted Services

(q) = (n) X (c) / [(a) + (b) +(c)]

 

25000

In the light of above discussion, it is stated that in order to distribute input tax credit for the common services, the input tax credit shall be first debited to a separate account (hereinafter referred as ‘ISD A/c'). Thereafter, the total input tax credit in the ISD A/c. shall be distributed in ratio of turnover of goods manufactured, taxable services provided and exempted services provided. The input tax credit pertaining to Excisable Goods shall be transferred to account of Input tax credit A/c. in regard to Factory Unit (hereinafter referred as ITC (Factory) A/c.) and The input tax credit pertaining to Taxable Services shall be transferred to account of Input tax credit A/c. in regard to Unit providing taxable Services(hereinafter referred as ITC (Service Tax) A/c.). The transfer of input tax credit to both the accounts from the ISD A/c. shall be on the strength of Invoice / challan. The company is also required to pass proper entries in the books of accounts for such transfers. Further, it is also informed that Input Tax Credit pertaining to Exempted Services shall be booked as expense and set-off for the same shall not be available.

In the above example total input tax credit in the ISD A/c. is Rs. 1,00,000/- which is distributed between Factory Unit, Unit Providing taxable services and Unit Providing exempted services. The amount of input tax credit pertaining to Factory Unit is Rs. 50,000/- and the amount of input tax credit pertaining to Taxable Services Unit is Rs. 25,000/-. Said amounts shall be transferred to ITC (Factory) A/c. and ITC (Service Tax) A/c. respectively on the strength of Invoice / challan. Further, amount of input tax credit pertaining to exempted services i.e. Rs. 25,000/- shall be booked as expense in the books of accounts.


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