Central Goods and Services Tax Rules, 2017
Chapter V - Input tax credit
Rule 45 - Conditions and restrictions in respect of inputs and capital goods sent to the job worker
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, 2[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
(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 3[****]3 4-b[during the specified period]4-b shall be included in FORM GST ITC-04 furnished for that period on or before the twenty-fifth day of the month succeeding 4-c[the said period]4-c 1[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.]1
4-a[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-a
(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.
1. Inserted by Notification No. 51/2017-Central Tax dated 28.10.2017.
2. Inserted vide Notification No. 14/2018- Central Tax dated 23.03.2018.
3. Omitted by Notification No. 74/2018- Central Tax dated 31.12.2018 for "or sent from one job worker to another"
4-a. Inserted (w.e.f. 01.10.2021) vide Notification No. 35/2021-Central Tax dated 24.09.2021.
4-b. Substituted (w.e.f. 01.10.2021) vide Notification No. 35/2021-Central Tax dated 24.09.2021 for "during a quarter"
4-c. Substituted (w.e.f. 01.10.2021) vide Notification No. 35/2021-Central Tax dated 24.09.2021 for "the said quarter"
Notifications
- Notification No. 51/2017 - 28-10-2017 - Eleventh Amendment to CGST Rules, 2017
- Notification No. 53/2017 - 28-10-2017 - Seeks to extend the due date for submission of details in FORM GST-ITC-04
- Notification No. 63/2017 - 15-11-2017 - Seeks to extend the due date for submission of details in FORM GST-ITC-04
- Notification No. 14/2018 - 23-03-2018 - Amending the CGST Rules, 2017(Third Amendment Rules, 2018)
- Notification No. 40/2018 - 04-09-2018 - Seeks to extend the time limit for making the declaration in FORM GST ITC-04
- Notification No. 59/2018 - 26-10-2018 - Seeks to extends the time limit for furnishing the declaration in FORM GST ITC-04 for the period from July, 2017 to September, 2018 till 31st December, 2018
- Notification No. 74/2018 - 31-12-2018 - Fourteenth amendment to the CGST Rules, 2017.
- Notification No. 78/2018 - 31-12-2018 - Seeks to extend the due date for furnishing FORM ITC-04 for the period from July, 2017 to December, 2018 till 31.03.2019.
- Notification No. 15/2019 - 28-03-2019 - Notification to extend the due date for furnishing of FORM GST ITC-04 for the period July 2017 to March 2019 till 30th June 2019 issued.
- Notification No. 32/2019 - 28-06-2019 - Seeks to extend the due date for furnishing the declaration FORM GST ITC-04.
- Notification No. 38/2019 - 31-08-2019 - Seeks to waive filing of FORM ITC-04 for F.Y. 2017-18 & 2018-19.
- Notification No. 11/2021 - 01-05-2021 - Seeks to extend the due date for furnishing of FORM ITC-04 for the period Jan-March, 2021 till 31st May, 2021.
- Notification No. 26/2021 - 01-06-2021 - Seeks to extend the due date for furnishing of FORM ITC-04 for QE March, 2021 to 30.06.2021.
- Notification No. 35/2021 - 24-09-2021 - Seeks to make amendments (Eighth Amendment, 2021) to the CGST Rules, 2017.
- Notification No. 87/2020 - 10-11-2020 - Seeks to extend the due date for furnishing of FORM ITC-04 for the period July- September 2020 till 30th November, 2020.
- Notification No. 17/2017 - 27-07-2017 - Seeks to amend the CGST Rules, 2017