Section 141. Transitional provisions relating to job
work.-
(1) Where any inputs received at a place of business
had been removed as such or removed after being partially processed to a job
worker for further processing, testing, repair, reconditioning or any other
purpose in accordance with the provisions of existing law prior to the
appointed day and such inputs are returned to the said place on or after the
appointed day, no tax shall be payable if such inputs, after completion of the
job work or otherwise, are returned to the said place within six months from the
appointed day:
Provided that the period of six months may, on
sufficient cause being shown, be extended by the Commissioner for a further
period not exceeding two months:
Provided further that if such inputs are not returned
within the period specified in this sub-section, the input tax credit shall be
liable to be recovered in accordance with the provisions of clause (a) of
sub-section (8) of section 142.
(2) Where any semi-finished goods had been removed
from the place of business to any other premises for carrying out certain
manufacturing processes in accordance with the provisions of existing law prior
to the appointed day and such goods (hereafter in this section referred to as
"the said goods") are returned to the said place on or after the
appointed day, no tax shall be payable, if the said goods, after undergoing
manufacturing processes or otherwise, are returned to the said place within six
months from the appointed day:
Provided that the period of six months may, on
sufficient cause being shown, be extended by the Commissioner for a further
period not exceeding two months:
Provided further that if the said goods are not
returned within the period specified in this sub-section, the input tax credit
shall be liable to be recovered in accordance with the provisions of clause (a)
of sub-section (8) of section 142:
Provided also that the manufacturer may, in accordance
with the provisions of the existing law, transfer the said goods to the
premises of any registered person for the purpose of supplying therefrom on
payment of tax in India or without payment of tax for exports within the period
specified in this sub-section.
(3) Where any excisable goods manufactured at a place
of business had been removed without payment of duty for carrying out tests or
any other process not amounting to manufacture, to any other premises, whether
registered or not, in accordance with the provisions of existing law prior to
the appointed day and such goods, are returned to the said place on or after
the appointed day, no tax shall be payable if the said goods, after undergoing
tests or any other process, are returned to the said place within six months
from the appointed day:
Provided that the period of six months may, on
sufficient cause being shown, be extended by the Commissioner for a further
period not exceeding two months:
Provided further that if the said goods are not
returned within the period specified in this sub-section, the input tax credit
shall be liable to be recovered in accordance with the provisions of clause (a)
of sub-section (8) of section 142:
Provided also that the manufacturer may, in accordance
with the provisions of the existing law, transfer the said goods from the said
other premises on payment of tax in India or without payment of tax for exports
within the period specified in this sub-section.
(4) The tax under sub-sections (1), (2) and (3) shall
not be payable, only if the manufacturer and the job worker declare the details
of the inputs or goods held in stock by the job worker on behalf of the
manufacturer on the appointed day in such form and manner and within such time
as may be prescribed.
