ITC in Respect of Job Work
ITC in Respect of Job Work
ITC in Respect of Job Work
NOTE:-
For job work, input includes
intermediate goods arising from in GST Manufacture = processing of raw material or inputs in any manner
any treatment or process carried – Explanation that results in the emergence of a new product having a distinct
out on inputs by the principal or to section 143 name, character, and use, and the term manufacturer shall be
the job worker of CGST Act. construed accordingly.
143 (1)
Explanation Meaning of Principal:- Principal’ for
to 19(7) job work provisions means a Meaning of Job Work:- Job work”
Goods can be sent directly to registered person who sends any means undertaking any treatment or
job worker’s place from place inputs and/or capital goods, without process by a person on goods
of supplier of those goods, payment of tax, to a job worker for belonging to another registered person,
without bringing them at the place job-work and from there and the expression “job worker” shall
of business of principal subsequently sends to another job be construed accordingly – section
worker and likewise – section 143(1)
2(68) of the CGST Act
Conditions of CGST Act and Explanation to
section 19(7) of CGST Act.
The principal shall, subject to such conditions and restrictions
ITC of inputs as may be prescribed, be allowed ITC on capital goods sent
invoice of supplier should be in name and capital to a job worker for job work
The definition of job work makes it clear that the term job
of buyer (Principal), and the name and goods sent for
work can be used only when goods are sent by another
address of the job worker should be job work: Registration requirements for Job
registered person. The person sending goods for job
mentioned as the consignee. work is termed as ‘Principal.’ He should be a registered worker: The definition of job work uses
Section 19 (4): person the term ‘process by a person.’ Thus
principal shall issue Delivery Challan
the job worker needs not to be
under rule 45 of CGST Rules and send it The principal shall be entitled to take credit of input tax on
registered under GST.
directly to the job worker. capital goods even if the capital goods are directly sent to a
job worker for job work without being first brought to his place
Imported goods can be sent from the of business.
customs station of imports to the place Section 19 (5):
of the job worker principal should prepare
Delivery Challan and send it to job worker
Analysing Section
– Para 8.4(iv)
Section 19 (3): • Where the inputs sent for job work are not received back by the principal • Job worker need not be registered under GST if his aggregate
of CBI&C and relevant rules turnover is less than 20 lakhs per annum (10 lakhs per annum
circular No. after completion of job work or otherwise or are not supplied from the place
of business of the job worker within one year of being sent out, it shall be in case of special category States), whether he supplies such
38/12/2018
dated 26-3- deemed that such inputs had been supplied by the principal to the job worker on service within the State or inter-state – Para 6 of CBI&C
2018. Section 19(1): the day when the said inputs were sent out circular No. 38/12/2018 dated 26-3-2018.
Value of goods supplied by principal is not includible in the value of
Section 19 (2): • Provided that where the inputs are sent directly to a job worker, the period of one Job worker’s aggregate turnover. His aggregate turnover consists of
year shall be counted from the date of receipt of inputs by the job worker. job work charges and value of own material used
• Such an e-way bill is required in case of inter-state supply for job work, even if the
value of consignment is less than Rs 50,000 – the first proviso to rule 138(1) of CGST
Rules.
• E-way bill can be generated either by principal or job worker – third proviso to rule
138(1) of CGST Rules.
• If a job worker is unregistered, the e-way bill should be generated by principal. It has
been reiterated in Para 8.3 of CBI&C Circular No. 38/12/2018, dated 26-3-2018.
• In case of material sent for job work or returned after job work, the ‘value’ indicated
in the e-way bill should be inclusive of the value of goods.
Section 143
if goods = not returned (within one year in case of inputs of CGST
and three years in case of capital goods), the inputs and Act
capital goods shall be deemed to have been supplied by
principal to the job worker on the day when such inputs
or capital goods are sent out to the job worker.
(principal while selling scrap should charge IGST if the recipient is The supply is of principal made from a place of job worker,
located in Haryana or any other State.) It is not supply made by job worker – Para 7 of CBI&C
circular No. 38/12/2018 dated 26-3-2018. GST is
If recipient of scrap= in Punjab, the principal will charge SGST and
Hence, invoice and the e-way bill should be issued by principal payable.
CGST
and not by the job worker
– Para 9.4(iii) of CBI&C circular No.
38/12/2018 dated 26-3-2018.
If the goods are sent from one job worker Supply of finished After job work, the finished goods
to another job worker, the Challan may be Finished
Sending goods by one goods from Job (inputs after job work or capital goods)
issued either by the principal or the job
job worker to another Goods worker’s place can be sent directly from the place of
worker sending the goods to another job
job worker, instead of bringing them
worker.
back to place of business of ‘principal.’
Job Work
Completed
Goods returned
to Principal