Apportionment of tax and settlement of funds, sec 17 of IGST Act,2017

 

sec 17 of IGST Act,2017, Apportionment of tax and settlement of funds

 

 

The below post explains about Apportionment of tax and settlement of funds under section 17 of IGST Act,2017.

 

Section 17 of IGST Act, 2017 explains Apportionment of tax and settlement of funds as below: (The amendments if any will also be updated here soon).

 

The extract of Section 17 of IGST Act,2017 quoted below:

 

17 Apportionment of tax and settlement of funds

 

17. (1) Out of the integrated tax paid to the Central Government,––

(a) in respect of inter-State supply of goods or services or both to an unregistered

person or to a registered person paying tax under section 10 of the Central Goods and

Apportionment of tax and settlement of funds, sec 17 of IGST Act,2017Services Tax Act;

(b) in respect of inter-State supply of goods or services or both where the

registered person is not eligible for input tax credit;

(c) in respect of inter-State supply of goods or services or both made in a financial

year to a registered person, where he does not avail of the input tax credit within the

specified period and thus remains in the integrated tax account after expiry of the due

date for furnishing of annual return for such year in which the supply was made;

(d) in respect of import of goods or services or both by an unregistered person

or by a registered person paying tax under section 10 of the Central Goods and Services

Tax Act;

(e) in respect of import of goods or services or both where the registered person

is not eligible for input tax credit;

(f) in respect of import of goods or services or both made in a financial year by

a registered person, where he does not avail of the said credit within the specified

period and thus remains in the integrated tax account after expiry of the due date for

furnishing of annual return for such year in which the supply was received,

the amount of tax calculated at the rate equivalent to the central tax on similar intra-State

supply shall be apportioned to the Central Government.

(2) The balance amount of integrated tax remaining in the integrated tax account in

respect of the supply for which an apportionment to the Central Government has been done

under sub-section (1) shall be apportioned to the,––

(a) State where such supply takes place; and

(b) Central Government where such supply takes place in a Union territory:

Provided that where the place of such supply made by any taxable person cannot

be determined separately, the said balance amount shall be apportioned to,––

(a) each of the States; and

(b) Central Government in relation to Union territories,

in proportion to the total supplies made by such taxable person to each of such States or

Union territories, as the case may be, in a financial year:

Provided further that where the taxable person making such supplies is

not identifiable, the said balance amount shall be apportioned to all States and

the Central Government in proportion to the amount collected as State tax or,

as the case may be, Union territory tax, by the respective State or, as the case

may be, by the Central Government during the immediately preceding financial

year.

(3) The provisions of sub-sections (1) and (2) relating to apportionment of integrated

tax shall, mutatis mutandis apply to the apportionment of interest, penalty and compounding

amount realised in connection with the tax so apportioned.

(4) Where an amount has been apportioned to the Central Government or a State

Government under sub-section (1) or sub-section (2) or sub-section (3), the amount collected

as integrated tax shall stand reduced by an amount equal to the amount so apportioned and

the Central Government shall transfer to the central tax account or Union territory tax

account, an amount equal to the respective amounts apportioned to the Central Government

and shall transfer to the State tax account of the respective States an amount equal to the

amount apportioned to that State, in such manner and within such time as may be prescribed.

(5) Any integrated tax apportioned to a State or, as the case may be, to the Central

Government on account of a Union territory, if subsequently found to be refundable to any

person and refunded to such person, shall be reduced from the amount to be apportioned

under this section, to such State, or Central Government on account of such Union territory,

in such manner and within such time as may be prescribed

 

 

The above information clarifies about Apportionment of tax and settlement of funds under section 17 of IGST Act,2017.  

 

If you have any comments about Section 17 of IGST Act, 2017 explaining Apportionment of tax and settlement of funds, share below your thoughts:

 

 

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Comments


Omkareshwar BS: Plz explain them as well. mere copy paste from bare act will not serve d purpose. i appreciate ur thoughts.

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