Professional Documents
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Explanation: - In simple terms, job work refers to a situation where one registered person (let's
call them the "Principal") gives their goods to another person (referred to as the "job worker")
for some kind of treatment or processing. The goods still belong to the owner, but the job
worker performs some specific task or process on those goods as per the Principal’s
instructions.
Example: -
Shop A (Registered Jeweler) sends some gold to Shop B (Registered Goldsmith) to get it
shaped into beautiful jewelry. Shop B works on the gold (polishes, melts, crafts) belonging
to Shop A (the treatment or process) Shop B is the Job Worker and Shop A is
the Principal
The definition of job work, as per Section 2(68) of the CGST Act, specifies that it involves
the treatment or process of goods belonging to another registered person. Therefore, if the
principal (the person who owns the goods) is not a registered person under the GST Act,
the activity may not qualify as job work.
In such a scenario, where the principal is not a registered person, the treatment or process
applied by the job worker on the goods might be considered a supply of services under
Schedule II Entry No. 3. This means it could fall into the broader category of services, and
the applicable rate of tax would depend on the specific nature of the service provided.
It's crucial to distinguish between job work involving registered persons and other
scenarios where services are provided to unregistered persons. This helps in determining
the correct tax treatment and applicable rates under the GST framework.
Contract Manufacturing
Contract manufacturing refers to a business arrangement where one company (the principal or
brand owner) outsources the manufacturing of its products to another company (the contract
manufacturer). In this setup, the contract manufacturer is responsible for the actual production
process, using the specifications, designs, and often the raw materials provided by the principal.
The principal retains ownership of the product design and may also supply the necessary
materials, while the contract manufacturer focuses on the production aspect. This practice
allows the principal to leverage the manufacturing capabilities of another entity without the
need for significant investments in infrastructure and equipment.
Example: -
Company A specializes in designing and marketing nutritional supplements but does not
have its own manufacturing facility. It owns the formulation and design of a new protein
powder. Company B is a contract manufacturer with a well-equipped production facility.
Company A procures and owns the raw materials (ingredients) needed for the protein
powder formulation. These raw materials are stored at Company B's facility. Company A
sends the raw materials and the product formulation specifications to Company B.
Company B uses its manufacturing expertise, equipment, and labor to produce the protein
powder according to Company A's specifications. Since Company A retains ownership of
the raw materials and provides them to Company B for processing, the arrangement
aligns with the principles of job work. Company A is responsible for the GST on the entire
value of the finished protein powder, including the manufacturing charges incurred from
Company B.
Packing, Re-packing, Testing & Inspection, Labelling etc
Where principal sends his goods for testing or labelling to another person, the same will be
treated as “treatment or process.
As mentioned above as per entry 3 to Schedule II, any treatment or process which is applied to
another person's goods is a supply of services.
(a)Section 143 of the CGST Act, 2017 deals with job work procedure. The principal may under
intimation send any inputs, semi-finished goods or capital goods without payment of tax to a job
worker for job work and from there subsequently send to another job worker and likewise.
EXAMPLE: - Imagine you're a baker (Principal) who needs a special machine repaired
by a mechanic (Job Worker). You send the machine to the mechanic without paying GST.
You fill out a delivery challan (like a shipment receipt) with details of the machine and
send it along.
When sending goods to the job worker: Principal creates a delivery challan in triplicate (3
copies). Two copies go with the goods, and the job worker returns one copy when sending the
goods back.
When sending goods from one job worker to another: Either Principal or the job worker can
create a new challan, or the job worker can add details to the existing one.
When returning goods to the principal: The job worker sends back one copy of the original
challan Principal provided.
When sending goods back in parts: The job worker needs to create a fresh challan for each
part.
(c ) E-way Bill for Inter-State Job Work: If Principal is in Delhi and sends goods for job
work to a mechanic in Uttar Pradesh, Principal needs to generate an e-way bill for the
movement irrespective of the amount.
(d) Sending Goods Directly to the Job Worker: If you order a new oven for your bakery, you
can ask the supplier to send it directly to the mechanic for repairs before it even reaches
you. You can still claim input tax credit even though you didn't receive the oven physically.
(e) Invoice and Challan for Goods Directly to Job Worker: The supplier sends the oven with
an invoice in Principal’s name, but also mentions the mechanic's name and address as the
consignee (receiver). Principal also sends a delivery challan to the mechanic for reference.
(f) GST on Job Work Charges: The mechanic charges principal for the repair services. If
they're registered under GST, they'll add GST to their bill. Principal can claim input tax credit
on the GST principal paid for the repair services.
3. Further, after the completion of job work, such goods can be directly supplied from the place
of the job worker to the customer if: -
(a) the job worker is registered; or
(b) the job worker is not registered but his place of business is declared as additional place of
business by the principal.
4. The supply of goods, after completion of job work, by a registered job worker shall be treated
as the supply of goods by the principal and the value of such goods shall not be included in the
aggregate turnover of the registered job worker.
5. The job worker can further send such inputs or capital goods, without payment of tax, to
another job worker under the cover of delivery challan or by endorsing the challan issued by the
principal as per Rule 55 of the CGST Rules, 2017.
6. In case where inputs, semi-finished goods and capital goods are not returned to principal as
per prescribed time limit, the same will be treated as supply of the principal. It is clarified in the
Circular No. Within 1 year Inputs Within 3 years Capital Goods No time limit Moulds and dies,
jigs and fixtures, or tools that the principal would issue invoice for the same and declare such
supplies in his return for that particular month in which the time period of one year / three years
or extended period has expired. The principal is required to pay GST along with interest
considering the supply was made by the principal to the job worker when the principal had sent
the goods first for job work
7. Value of such deemed supply will be the value declared in the challan by the principal while
sending the goods to job worker i.e., without including cost of transportation and job work
charges.
8. Where goods are sent to job worker and same are lost/ destroyed due to some unavoidable
circumstances, goods will not be returned by the job worker. If goods are lost, whether the
principal is required to reverse credit under section 17(5)(h) or it will be deemed supply as per
section 19(3) is the moot question. Since goods are lost or destroyed, section 17(5) (h) will be
applicable and the principal is required to reverse the credit on inputs or capital goods, and it will
not be treated as deemed supply.applicable and the principal is required to reverse the credit on
inputs or capital goods, and it will not be treated as deemed supply.
EXAMPLE
Suppose the principal send raw materials to a job worker for processing. Due to unforeseen
circumstances, such as a fire at the job worker's premises, the goods are lost and cannot be
returned.
In this case, Section 17(5)(h) comes into play. As per this section, the principal is required
to reverse the input tax credit on the raw materials that were sent to the job worker but are
now lost or destroyed.
Importantly, this situation does not fall under Section 19(3), as it is not a case of the job
worker not returning the goods within the specified time; rather, the goods are lost or
destroyed.
9. If due to some dispute between a principal and a job worker, goods are not returned by the job
worker as consideration for his job work charges, the issue of valuation arises when the job
worker sells the same goods in open market. It is a well settled position in earlier laws that the
valuation for the same goods should be considered transaction value by the job worker and not
market value of the said goods by the principal. The same was decided by Hon’ble Supreme
Court in the case of Pawan Biscuits & Co. [2000 (120) ELT (24)]
EXAMPLE: -You (the Principal) send raw materials to a Job Worker for processing, and
the agreed job work charges are Rs.1,000. Due to a dispute, the Job Worker refuses to
return the processed goods to you. Instead, the Job Worker decides to sell the goods in the
open market. The market value of the goods, as determined by the Principal, is Rs.1,500.if
the Job Worker sells the goods in the open market, the taxable value for the sale would be
$1,000 (the transaction value agreed upon for job work charges), not the $1,500 market
value determined by the Principal.
The job worker shall be liable to be registered under GST in the State / Union territory, from
where he makes a taxable supply of services, if his aggregate turnover in a financial year
exceeds the threshold limits.
Further, in terms of the Circular No. 38/12/2018 dated March 26, 2018, it has been clarified that
though Clause (i) of Section 24 of the CGST Act, 2017, mandates registration for making inter-
state taxable supply irrespective of threshold limit, vide Notification No. 10/2017 – Integrated
Tax dated October 13, 2017, exemption from mandatory registration was granted in case of
supply of services.
Hence, a job worker is required to obtain registration only in cases where his aggregate
turnover, to be computed on all India basis, in a financial year exceeds the threshold limit
regardless of whether the principal and the job worker are located in the same State or in
different States.
Waste & Scrap generated during job work can be supplied as under:-
(i) If the job worker is registered, then it can be supplied by the job worker directly from his place
of business, on payment of appropriate tax applicable on the said waste / scrap.
Let's say you (the principal) send metal sheets to a registered job worker for cutting and
shaping. During this process, some metal waste is generated. The job worker, being
registered, decides to sell this metal waste. The job worker can issue an invoice for the sale
of the metal waste and pay the appropriate GST (Goods and Services Tax) on the
transaction. This way, the waste and scrap generated during the job work are legally
supplied, and the tax obligations are met.
(ii) If he is not registered, then the waste / scrap generated should be returned to the principal along
with the goods and such waste / scrap would be supplied by the principal on payment of tax.
Alternatively, the principal may supply waste / scrap directly from premises of the job worker
under his invoice on payment of tax.
Let's continue with the metal sheets example. If the job worker is not registered and metal
waste is generated during the cutting and shaping process, the job worker must return this
waste to the principal.
As the principal, you have two options:
Principal can supply the processed goods along with the waste and scrap, issuing
principal’s own invoice and paying the appropriate GST.
Alternatively, Principal may choose to supply the waste and scrap directly from the job
worker's premises under your own invoice, ensuring the payment of the applicable tax.
(iii) The principal should also maintain proper records of clearance of waste / scrap from the
premises of the job worker
A. Issue an Invoice:
Since the goods were not returned in time, you need to create an invoice for those goods in
the month the deadline expires. This invoice should reflect the date when you initially sent
the materials to the job worker.
Example:
Let's say you sent raw materials to the job worker on January 1, 2022. The one-year
deadline ends on January 1, 2023. If the goods are not returned by this date, you issue an
invoice in January 2023.
Example:
If the tax amount mentioned in your invoice is $100, the job worker must either pay you
$100 in cash or return goods worth $100 as a new supply, issuing an invoice with you listed
as the buyer.
1. Inputs, semi-finished goods or capital goods shall be sent to the job worker under the cover of
a delivery challan issued by the principal. The format of a delivery challan is given as Annexure
B.
2. Delivery challan is required even if such inputs / capital goods are sent directly to a job-
worker.
4. The details of following challans issued during a quarter shall be furnished in FORM GST
ITC-04 [Given as Annexure C], on or before the 25th day of the month succeeding the said
quarter and will be treated as intimation.
Details required to be furnished by the principal are:-
Goods dispatched to a job worker, and
Goods received from a job worker,
Goods sent from one job worker to another,
Goods directly supplied from the premises of job worker
5. Details of delivery challan generated by the principal for the job work are also required to be
furnished in Form GSTR-1 (Return of details of outward supplies of goods or services).
6. In terms of section 143(2) of CGST Act, 2017 the principal shall be responsible for keeping
proper accounts for the inputs or capital goods or waste / scrap lying with the job-worker.
7. For the format of job work challan, the format of e-sugam prescribed by the Government of
Karnataka or e-way bill may be referred.