Taxindiaonline.com
Taxindiaonline.com Taxindiaonline.com TIOL Tube Taxindiainternational.com
 
LOGIN
Forgot Password |  Register  
Thursday , July 28, 2016 | Updated : Jul 27, 22:40 IST
Income Tax    Customs    Excise    Service Tax    FEMA    DGFT    SEZ    Misc    Pitara    Budget   
About Us Contact Us Advertise
Taxindiaonline.com Taxindiaonline.com Taxindiainternational.com
 
 
NEWS FLASH
 
IGI Airport Customs nabs five passengers; seizes Foreign Currency worth Rs.1.24 crores concealed in rectum Cabinet approves key amendments to GST Bill, agrees to drop 1 percent additional tax on inter-state transactions Cabinet approves Indo-Cambodia Bilateral Investment Treaty Cabinet gives assent for setting up of AIIMS in Bhatinda Provisional attachment of property u/s 73C of the FA, 1994 - Board reiterates instructions (See 'Circ 196' in Service Tax) IGI Airport Customs seizes 8.5 kg gold worth Rs 2.25 Crore Govt promoting use of khadi by Air India, Railways Bonds to be settled under 'dirty price’ mechanism: BSE Goa Govt to install wi-fi in schools, colleges across state CBI has arrested 34 Gazetted Officers & 45 Non-Gazetted Officers in 112 corruption cases during January to July 15, 2016 (See 'Mixed Buzz') Merchandise exports have registered an increase of 1.27 percent in Dollar terms in June 2016 Cus - Revocation of CHA licence is bad in law since time limit for completion of inquiry in terms of Regulation 22(5) of CHALR 2004 has not be adhered to: High Court (See 'Breaking News') Automotive Mission Plan [AMP 2026] to create 65 million jobs Monsoon to push GDP growth to over 8% this fiscal: Arvind Panagariya Mere registration of criminal case cannot be a ground to revoke an arms license: Bombay High Court 60 % Indians to live in cities by 2050: Govt Special Aadhaar Enrolment Drive for Students for offering scholarship (See 'Mixed Buzz') India invites Bangladesh to avail services of Indian Companies for executing telecom projects (See 'Mixed Buzz') Customs - Assessment of Bulk Liquid Cargo Imports (See 'DDT' Column) CX - Exemption in terms of notfn. 30/2004-CE was not availed on POY Yarn for which services of renovation and modernization of plant was undertaken - CENVAT credit admissible: CESTAT (See 'Breaking News') States' Demand For Their Exclusive 'Single Control' over 'Small Business' - An Analysis (See 'Guest' Column) I-T - Whether when dumb document is seized from third party, duty is cast on Revenue to prove that transactions have really taken place and sum involved constitutes undisclosed income - YES: ITAT (See 'Breaking News') Time of Supply - Model GST (See 'ST se GST tak') Fuel injection pumps exported and re-imported after fitting on to diesel engines - benefit of exemption under Notification No 94/96 Cus is not admissible : CESTAT (See 'Breaking News') GST - Waiting for monsoon saugaat (See 'ST se GST tak') Central Excise duty on articles of jewellery - CBEC puts a new taxation regime in place (See Central Excise in ‘What’s New’) Anti-dumping duty on imports of Rubber Chemicals viz. PX 13 and TDQ imported from EU & MOR imported from PR China - levy continued up to 27.07.2017 (See Cus ADD 35 in 'What's New') Exemption from Export duty to Organic Sugar up to 10,000MT in a year subject to specified conditions (See Customs Tariff 43 in 'What's New') CBDT issues transfer order of 14 ACIT / DCITs (See 'CBDT Transfer' in Pitara) Prices of complex fertilizers fall (See 'Mixed Buzz')
 
Bookmark and Share
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.


POST YOUR COMMENTS
   
 
 
Download on the App Store
Get it on Google play
TIOL SEARCH
 
Visit TIOLCorplaws.com
TIOL Subscriptions
 All-In-One Package
 Indirect Tax Package
 Income Tax Package
<< More Packages>>
 
   
HOME    BACK TO TOP   
             
Income Tax Customs Excise Service Tax FEMA DGFT SEZ Misc Pitara Budget
  • Notifications
  • Circulars
  • Instructions
  • SC Cases
  • HC Cases
  • ITAT Cases
  • Advance Ruling
  • Settlement
  • Other Cases
  • Directorate of Income Tax (Systems)
  • Customs Rules
  • Tariff Notfn
  • CVD
  • Non Tariff Notfn
  • Circulars
  • Anti-dumping Notfn
  • Safeguard Duty Notfn
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Advance Ruling
  • Settlement
  • Drawback Cases
  • MISC Circulars
  • CCRs - 2004
  • Central Excise Rules
  • Tariff Notfn
  • Non Tariff Notfn
  • Circulars
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Advance Ruling
  • Cesses Notfications
  • Excise Amendment
  • MISC Circulars
  • 37B Order
  • Settlement
  • Commr.(A) Order
  • Tribunal
  • Service Tax Rules
  • 37B Order
  • Notifications
  • Circulars
  • SC Cases
  • HC Cases
  • Cestat Cases
  • Advance Ruling
  • FAQ
  • Finance Act, 1994
  • Commr. (A) Orders
  • Removal of Difficulty
  • VCES
  • Accounting Head
  • Miscellaneous
  • DIPP Notification
  • Exchange Manual
  • Fema Notifications
  • SC Cases
  • HC Cases
  • RBI Notifications
  • RBI Circulars
  • Act
  • Rules
  • Regulations
  • Master Circulars
  • PMLA Notifications
  • Depository Scheme
  • Press Note
  • Notifications
  • Circulars
  • Public Notices
  • Trade Notice
  • FTDR Amendment 2010
  • Notifications
  • Instructions
  • Act 2005
  • Rules 2006
  • DGEP
  • State Acts
  • State Policy
  • MISC
  • SC Cases
  • HC Cases
  • VAT Cases
  • Service News
  • Promotion
  • Transfer
  • Deputation Posts
  • Cadre Review
  • Transfer Policy
  • Training Circulars
  • Recruitment Rules
  • Pay Commission
  • Service Cases
  • The Insider
  • MISC
  • Budget Speeches
  • Union Budgets
  • Economic Surveys
  • TRU - D. O. Letter
  • Finance Acts
  • Finance Bill
  • Budget Circular
  • A Taxindiaonline Website. Copyright © 2016 Taxindiaonline.com Pvt.Ltd. All rights reserved. | Powered by 4th Dimension