Rule 45 - Conditions and restrictions in respect of inputs and capital goods sent to the job worker

45. Conditions and restrictions in respect of inputs and capital goods sent to the job worker.[1]

(1) The inputs, semi-finished goods or capital goods shall be sent to the job worker under the cover of a challan issued by the principal, including where such goods are sent directly to a job-worker [2][and where the goods are sent from one job worker to another job worker, the challan may be issued either by the principal or the job worker sending the goods to another job worker:

Provided that the challan issued by the principal may be endorsed by the job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal:

Provided further that the challan endorsed by the job worker may be further endorsed by another job worker, indicating therein the quantity and description of goods where the goods are sent by one job worker to another or are returned to the principal.]

(2) The challan issued by the principal to the job worker shall contain the details specified in rule 55.

(3) The details of challans in respect of goods dispatched to a job worker or received from a job worker [3][***] [4][during a specified period] shall be included in FORM GST ITC-04 furnished for that period on or before the twenty-fifth day of the month succeeding [5][the said period] [6][or within such further period as may be extended by the Commissioner by a notification in this behalf.

Provided that any extension of the time limit notified by the Commissioner of State tax or the Commissioner of Union territory tax shall be deemed to be notified by the Commissioner.]

[7][Explanation. - For the purposes of this sub-rule, the expression “specified period” shall mean.-

(a) the period of six consecutive months commencing on the 1st day of April and the 1st day of October in respect of a principal whose aggregate turnover during the immediately preceding financial year exceeds five crore rupees; and

(b) a financial year in any other case.”]

(4) Where the inputs or capital goods are not returned to the principal within the time stipulated in section 143, it shall be deemed that such inputs or capital goods had been supplied by the principal to the job worker on the day when the said inputs or capital goods were sent out and the said supply shall be declared in FORM GSTR-1 and the principal shall be liable to pay the tax along with applicable interest.

Explanation-For the purposes of this Chapter,-

(1) the expressions “capital goods” shall include “plant and machinery” as defined in the Explanation to section 17;

(2) for determining the value of an exempt supply as referred to in sub-section (3) of section 17-

(a) the value of land and building shall be taken as the same as adopted for the purpose of paying stamp duty; and

(b) the value of security shall be taken as one per cent of the sale value of such security.

 


[1] This Rule was inserted by CGST(2nd A)R, 2017 vide Notification No. 10/2017-Central Tax dt. 28-06-2017 wef 01-07-2017.

[2] Words inserted by Rule 2(i) of The CGSTR(3rd A), 2018 vide Notification No. 14/2018-Central Tax dt. 23-03-2018 wef 23-03-2018.

[3] Words “or sent from one job worker to another” omitted by Rule 3 of The CGST(14th A)R, 2018 vide Notification No. 74/2018-Central Tax dt. 31-12-2018 wef 31-12-2018.

[4] Substituted for words “during a quarter” by Rule 2(4)(i) of The CGST(8th A)R, 2021 Notification No. 35/2021-Central Tax dt. 24-09-2021 wef 01-10-2021.

[5] Substituted for words “the said quarter” by Rule 2(4)(ii) of The CGST(8th A)R, 2021 Notification No. 35/2021-Central Tax dt. 24-09-2021 wef 01-10-2021.

[6] Words inserted by Rule 2(ii) of CGST(10th A)R, 2017 vide Notification No. 51/2017-Central Tax dt. 28-10-2017 wef 28-10-2017.

[7] Inserted by Rule 2(4)(iii) of The CGST(8th A)R, 2021 Notification No. 35/2021-Central Tax dt. 24-09-2021 wef 01-10-2021.

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