Base Paper for discussion on draft GST law  

THE INTEGRATED GOODS AND SERVICES TAX ACT, 2016

 

10. Apportionment of tax collected under the Act and settlement of funds:

(1) Out of the IGST paid to the Central Government in respect of inter-State supply of goods and/or services to an unregistered person or to a taxable person paying tax under section 8 of the CGST Act, the amount of tax calculated at the rate equivalent to the CGST on such supply shall be apportioned to the Central Government and shall be transferred to the CGST account in the manner and time as may be prescribed.

(2) Out of the IGST paid to the Central Government in respect of inter-State supply of goods and/or services made in a year to a registered taxable person, where the supply is either not eligible for input tax credit or where the recipient does not avail of the said credit within the specified period and thus remains in the IGST account after expiry of the due date for filing of annual return for such year in which the supply was made, the amount of tax calculated at the rate equivalent to the CGST on such supply shall be apportioned to the Central Government and shall be transferred to the CGST account in the manner and time as may be prescribed.

(3) Out of the IGST paid to the Central Government in respect of import of goods by an unregistered person, the amount of tax calculated at the rate equivalent to the CGST on such supply shall be apportioned to the Central Government and shall be transferred to the CGST account in the manner and time as may be prescribed.

(4) The balance tax remaining in the IGST accounting respect of the supply for which an apportionment to the Central Government has been done under sub-section (1), (2) or (3) shall be apportioned, in the manner and time as may beprescribed, to the State where such supply takes place as per section 5 or 6.