Rule 45 of CGST Rules 2017: Restrictions on Inputs/ Capital Goods sent for Job Work

Provisions under Rule 45 of the Central Goods and Services Tax (CGST) Rules, 2017 relating to “Conditions and Restrictions in respect of Inputs and Capital Goods sent to the Job Worker”, are as under:

CGST Rule 45: Conditions and Restrictions in respect of Inputs and Capital Goods sent to the Job Worker (Chapter-V: Input Tax Credit)

(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, 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: [Refer Note 2]

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 or sent from one job worker to another  during a quarter  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  the said quarter  the said period  or within such further period as may be extended by the Commissioner by a notification in this behalf: [Refer Note 1, 3, 4(i) & (ii)]

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. [Refer Note 1]

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. [Refer Note 4(iii)]

(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.

Amendments History:

1. The text ‘or within such further period as may be extended by the Commissioner by a notification in this behalf’ added in Sub-rule (3) vide Central Tax Notification 51/2017 dt. 28/10/2017. Also First Proviso inserted.

2. In Sub-rule (1), the text ‘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’ added vide Central Tax Notification 14/2018 dt. 23/03/2018. Also First & Second Proviso to sub rule (1) inserted.

3. The text ‘or sent from one job worker to another’ omitted from sub-rule (3) vide Central Tax Notification 74/2018 dt. 31/12/2018.

4. In sub-rule (3), the following amendments have been made w.e.f. 01/10/2021, vide Central Tax Notification 35/2021 dt. 24/09/2021:

(i) the text “during a quarter” substituted with the text “during a specified period”;

(ii) the text “the said quarter” substituted with the text “the said period”; and

(iii) explanation inserted after the proviso.

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Note: The CGST Rules 2017 along with the prescribed Forms were initially notified vide Central Tax Notifications 3/2017 dated 19/06/2017 (Rule 1 to 26), 10/2017 dated 28/06/2017 (Rules 27 to 138) and 15/2017 dated 01/07/2017 (Rules 139 to 162). These Rules/ Forms were subsequently amended by CBIC through various Notifications issued from time to time. Information on this page is a Rule-wise compilation of the Amendments made by various Notifications issued by CBIC from time to time, with best possible efforts for accuracy. In any case, E&OE. For official/ updated information, please visit CBIC website.