Section 21 of the CGST Act, 2017

From the IndiaAuditLens Law Library

GST›CGST Act, 2017›Chapter V, Input Tax Credit

At a glance

Bars, duties and time limits

  • 21Excess credit distributed contrary to section 20 must be recovered from its recipients with interest; section 73, 74 or 74A applies with necessary adaptations to determine the amount.

Procedure, powers and definitions

  • 21The law does not settle the interest rate, starting date or provision supplying those terms.

Section 21 requires recovery from recipients when an Input Service Distributor contravenes section 20 and distributes excess credit. Recovery includes interest, while the applicable determination provisions supply the procedure with necessary adaptations. The section commenced on 1 July 2017. The later insertion of the section 74A reference has no stated commencement date, and the interest rate and starting date remain unsettled.[1]

Text

The text below is the section as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Act as published in the Gazette of India is the legal source.

Section 21, verbatim (show)

Section 21

* Section 21. Manner of recovery of credit distributed in excess.-

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 1[or section 74A],as the case may be, shall, mutatis mutandis , apply for determination of amount to be recovered.

*Enforced w.e.f. 1st July, 2017.

1. Inserted by section 120 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the section they come from. They describe what the section asks; they do not decide it.

Scope the section as a whole and its footnote

Questions to answer on the file1 question
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Distribution in contravention of section 20, resulting in excess the opening words

Questions to answer on the file4 questions
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Recovery from the recipients of credit, with interest the recovery words

Questions to answer on the file2 questions
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The provision applied for determination of the amount the mutatis mutandis words

Questions to answer on the file2 questions
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Amendment history

The CBIC text carries 1 footnote. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to section 21 as footnoted in the CBIC text
NoteChange
1Inserted by section 120 of The Finance Act (No. 2) Act, 2024 No. 15 of 2024 dated 16.08.2024.[2]
Provisions connected to Section 21
ProvisionConnectionWords that tie them
Section 20this provision requires Section 20s.21 "distributes the credit in contravention of the provisions contained in section 20"
Section 73this provision branches on Section 73s.21 "the provisions of section 73... as the case may be, shall, mutatis mutandis, apply for determination of amount to be recovered"
Section 74this provision branches on Section 74s.21 "or section 74... as the case may be"
Section 74Athis provision branches on Section 74As.21 1["or section 74A"]
Rule 39 of the CGST Rules, 2017this provision prescribed by rule 39 of the CGST Rules 2017s.21 "in contravention of the provisions contained in section 20", which section 20 leaves to be prescribed

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this section, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (1)

NumberDateSubject
Circular No. 71/45/2018-GST26 October 2018Clarification on issues pertaining to registration as a casual taxable person & recovery of excess Input Tax Credit distributed by an Input Service distributor

Unsettled questions

The words of section 21 do not answer this question. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. At what rate does the interest in section 21 run, and from what date? The section says the excess credit is recovered "along with interest" and nowhere names a rate, a starting date or the provision that supplies either; it applies sections 73, 74 and 74A to the determination of the amount, and not to the interest.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Section 21. Manner of recovery of credit distributed in excess". Central Goods and Services Tax Act, 2017, CBIC tax information portal, with amendment footnotes 1 to 1. Retrieved 17 September 2026.
  2. The Finance Act (No. 2) Act, 2024. Cited in CBIC footnote 1.

External links