Section 18: Manner of recovery of credit distributed in excess

(1) Where the credit distributed by the Input Service Distributor is in excess of the credit available for distribution by him, the excess credit so distributed shall be recovered from such distributor along with interest, and the provisions of section 51 shall apply mutatis mutandis for effecting such recovery.

(2) Where  the Input Service  Distributor  distributes  the credit in contravention  of the provisions  contained  in section  17 resulting  in excess  distribution  of credit to one or more suppliers, the excess credit so distributed shall be recovered from such supplier(s) along with interest, and the provisions  of section 51 shall apply mutatis mutandis  for effecting such recovery.

Explanation. – For the purposes of section 17 and this section, the relevant period shall be-

(a) if the recipients  of the credit  have  turnover  in their  States  in the financial  year preceding the year during which credit is to be distributed, the said financial year; or

(b) if some or all recipients of the credit do not have any turnover in their States 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.