Rule 45 of CGST Rules -Conditions and restrictions in respect of inputs and capital goods sent to the jobworker

Rule 45 of CGST Rules -Conditions and restrictions in respect of inputs and capital goods sent to the jobworker

(updated as on 15.11.2017)

(1) The inputs, semi-finished goods or capital goods shall be sent to the job workerunder the cover of a challan issued by the principal, including where such goods are sentdirectly to a job-worker. (2) The challan issued by the principal to the job worker shall contain the details specified inrule 55. (3) The details of challans in respect of goods dispatched to a job worker or received from ajob worker or sent from one job worker to another during a quarter shall be included inFORM GST ITC-04 furnished for that period on or before the twenty-fifth day of themonth succeeding the said quarter [or within such further period as may be extended by theCommissioner by a notification in this behalf: Provided that any extension of the time limit notified by the Commissioner of Statetax or the Commissioner of Union territory tax shall be deemed to be notified by theCommissioner.] (Inserted vide Notification No. 54/2017-Central Tax dated 28.10.2017) (4) Where the inputs or capital goods are not returned to the principal within the timestipulated in section 143,it shall be deemed that such inputs or capital goods had beensupplied by the principal to the job worker on the day when the said inputs or capital goodswere sent out and the said supply shall be declared in FORM GSTR-1 and the principalshall 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 inthe Explanation to section 17;

(2) for determining the value of an exempt supply as referred to in sub-section (3) ofsection 17-

(a) the value of land and building shall be taken as the same as adopted for thepurpose of paying stamp duty; and

(b) the value of security shall be taken as one per cent. of the sale value of suchsecurity.

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CHAPTER V

INPUT TAX CREDIT

Rule 36 :Documentary requirements and conditions for claiming input tax credit Rule 37 : Reversal of input tax credit in the case of non-payment of consideration Rule 38 :Claim of credit by a banking company or a financial institution Rule 39 :Procedure for distribution of input tax credit by Input Service Distributor Rule 40 :Manner of claiming credit in special circumstances Rule 41 :Transfer of credit on sale, merger, amalgamation, lease or transfer of abusiness Rule 42 :Manner of determination of input tax credit in respect of inputs or input servicesand reversal thereof Rule 43 :Manner of determination of input tax credit in respect of capital goods and reversal thereof in certain cases Rule 44 :Manner of reversal of credit under special circumstances Rule 44A : Manner of reversal of credit of Additional duty of Customs in respect of Golddore bar Rule 45 :Conditions and restrictions in respect of inputs and capital goods sent to the jobworker