Tag: Input Service DIstributor ISD

ArticleGST Article

Compliance of Same-Month ISD Credit Distribution Procedure is Ultra vires

byCA Bimal Jain

The Hon’ble Telangana High Court in M/s. BirlaNu Ltd. struck down Rule 39(1)(a) of the CGST Rules and quashed the consequential Final Audit Report and show-cause notice, holding that the rule, to the extent it mandates distribution of Input Tax Credit by an Input Service Distributor within the same month, is ultra vires Section 20 of the CGST Act, as the parent act did not delegate the power to prescribe such a time limit.

ArticleGST Article

Demystifying the provisions of the ISD Registration

byMs. Sai Smitha K S

“Input Service Distributor” means an office of the supplier of goods or services or both which receives tax invoices towards the receipt of input services, including invoices in respect of services liable to tax under sub-section (3) or sub-section (4) of section 9 of this Actor under sub-section (3) or sub-section (4) of section 5 of the Integrated Goods and Services Tax Act, 2017..

ArticleGST Article

Demand of Rs. 231 Crore stayed on SCN issued for multiple years where Constitutionality and fairness of ISD provisions is under challenge

byCA Bimal Jain

The Hon’ble Orissa High Court in Vedanta Limited held that there is a prima facie case concerning the challenge to GST Input Service Distributor (ISD) provisions, and, citing Karnataka High Court precedent, stayed the operation of a show cause notice for GST demand issued for multiple financial years until further orders.