Starting from 1st April 2025, a new GST rule will be
applied, GST-registered businesses with multiple GSTINs under the same
PAN must register as an Input Service Distributor (ISD). This amendment has
been introduced to simplify Input Tax Credit (ITC) distribution and enhance
compliance.
Until now, ISD registration has been optional, but with this
amendment, it has become compulsory. This new GST rule aims to streamline the
distribution of Input Tax Credit (ITC), promote uniform compliance, and enable
centralized credit management across multiple branches or locations.
An Input Service Distributor (ISD) is a GST-registered
taxpayer who collects invoices for services utilised across various branches or
units of the business. To register as an Input Service Distributor (ISD) under
GST, the taxpayer must select the ISD status in Serial No. 14 of the GST REG-01
form at the time of registration. Only after this declaration can the business
start distributing Input Tax Credit (ITC) to its branches.
ISD Returns and Compliance:
The ISD cannot distribute ITC more than the available credit
for the relevant month.
The ISD must file GSTR-6 by the 13th of the following month
to report ITC distribution.
The branches or units receiving the ITC can view the
distributed credit in GSTR-6A, which is auto-populated based on supplier
returns.
The recipient branches must claim the ITC in their monthly
GSTR-3B returns.
Additionally, the ISD is not required to file the GSTR-9
annual return, simplifying the compliance process.
Consequence for Non-Registration:
Penalties and Interest:
Companies not complying with the mandatory ISD registration
may face penalties for incorrect ITC distribution. Excess ITC claims could be
recovered from the recipient along with interest under Section 21 of the GST
Act.
GST Audits and Scrutiny:
Non-compliance increases the risk of GST audits and scrutiny
by tax authorities. Mismatches in ITC claims can trigger investigations,
leading to further complications and potential legal issues.
Reversal of ITC Claims:
Incorrect or unregistered ISD operations may result in the
reversal of ITC claims. This can significantly impact a company's cash flow and
working capital as branches must pay taxes instead of utilising eligible ITC.
Tax Notices:
Businesses may receive tax notices for wrongful ITC claims
made at the head office, which could lead to additional financial liabilities
and operational disruptions.
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