Provisions under Section 21 of the Central Goods and Services Tax (CGST) Act, 2017 relating to “Manner of Recovery of Credit (ITC) Distributed in Excess”, are as under:
Section 21 of CGST Act 2017: Manner of Recovery of Credit Distributed in Excess (CHAPTER V – INPUT TAX CREDIT)
Where the Input Service Distributor distributes the credit in contravention of the provisions contained in section 20 resulting in excess distribution of credit to one or more recipients of credit, the excess credit so distributed shall be recovered from such recipients along with interest, and the provisions of section 73 or section 74, as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered.
1. CBEC notifies 1st July 2017 as the Commencement date for Section 21 of the CGST Act 2017, vide Notification 9/2017 Central Tax.
Govt. has notified the CGST Act, 2017 on 12th April, 2017, followed with Central Goods and Services Tax (CGST) (Amendment) Act, 2018 on 30 Aug. 2018. CBEC/ CBIC has subsequently issued various Notifications on commencement date of various Sections/ Provisions of the CGST/ Amendment Acts from time to time, except where specifically mentioned in the respective CGST/ Amendment Acts.
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