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Section 141 of CGST Act, 2017 Transitional provisions relating to job work

 

The below post explains about Transitional provisions relating to job work under section 141 of CGST Act,2017.

 

Section 141 of CGST Act, 2017 explains Transitional provisions relating to job work as below: (The amendments if any will also be updated here soon).

 

The extract of Section 141 of CGST Act,2017 quoted below:

 

141 Transitional provisions relating to job work.

 

141. (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

Transitional provisions relating to job work, Sec 141 of CGST Act, 2017otherwise, 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.

 

The above information clarifies about Transitional provisions relating to job work under section 141 of CGST Act,2017.  

 

If you have any comments about Section 141 of CGST Act, 2017 explaining Transitional provisions relating to job work, share below your thoughts:

 

 

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Comments


Rakesh: Clarification is sought that when the inputs are returned u/s 141 after the completion of job, whether no GSt is to charged on job charges. (As section says, no tax is payable .....) If the case is so, whether VAT is to be charged, but this cannot be done becoz Local VAT Act has been subsumed and no more in existence. Please clarify?

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