Rule 45. Conditions and restrictions in respect of
inputs and capital goods sent to the job worker.-
(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, 1[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 2[****] 4[during the
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 4[the said
period] 3[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.]
5[Explanation. - For the purposes of this sub-rule,
the expression "specified period" shall mean. -
(a) the period of six consecutive moths 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.
