Section 20 - Manner of distribution of credit by Input Service Distributor. - Jammu and Kashmir Goods and Services Tax Act, 2017

Manner of distribution of credit by Input Service Distributor.- 20. (1) The Input Service Distributor shall distribute the credit of State tax as State tax or integrated tax and integrated tax as integrated tax or State tax, by way of issue of document containing the amount of input tax credit being distributed in such manner as may be prescribed. (2) The Input Service Distributor may distribute the credit subject to the following conditions, namely:-- (a) the credit can be distributed to the recipients of credit against a document containing such details as may be prescribed; (b) the amount of the credit distributed shall not exceed the amount of credit available for distribution; (c) the credit of tax paid on input services attributable to a recipient of credit shall be distributed only to that recipient; (d) the credit of tax paid on input services attributable to more than one recipient of credit shall be distributed amongst such recipients to whom the input service is attributable and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all such recipients to whom such input service is attributable and which are operational in the current year, during the said relevant period; (e) the credit of tax paid on input services attributable to all recipients of credit shall be distributed amongst such recipients and such distribution shall be pro rata on the basis of the turnover in a State or turnover in a Union territory of such recipient, during the relevant period, to the aggregate of the turnover of all recipients and which are operational in the current year, during the said relevant period. Explanation For the purposes of this section,-- (a) the relevant period shall be- (i) if the recipients of the credit have turnover in their States or Union territories in the financial year preceding the year during which credit is to be distributed, the said financial year; or (ii) if some or all recipients of the credit do not have any turnover in their States or Union territories in the financial year preceding the year during which the credit is to be distributed, the last quarter for which details of such turnover of all the recipients are available, previous to the month during which credit is to be distributed; (b) the expression recipient of credit means the supplier of goods or services or both having the same Permanent Account Number as that of Input Service Distributor; (c) the term turnover , in relation to any registered person engaged in the supply of taxable goods as well as goods not taxable under this Act, means value of turnover, reduced by the amount of any duty or tax levied under Entry 84 of List I of the Seventh Schedule to the Constitution of India as applicable to the state of Jammu and Kashmir and the Jammu and Kashmir General Sales Tax Act, 1962, the Jammu and Kashmir Motor Spirit Diesel and Oil Taxation Act, 1948, and the Jammu and Kashmir Excise Act, 1958 or any other Act which may be notified by the Government from time to time.