Navigating the intricacies of Job Work Compliance under GST is essential for businesses to ensure seamless operations and compliance with tax regulations. This comprehensive guide delves into the meaning of job work, procedural nuances, real-world examples, and the associated GST implications. As businesses increasingly engage in job work arrangements, understanding these dynamics becomes pivotal for accurate tax treatment and efficient supply chain management. Explore this guide for a concise yet detailed overview, offering practical insights into the world of job work compliance and its implications in the GST framework.
1. Meaning of Job Work
Section 2(68) of the CGST Act, 2017 defines Job Work: “job work” means any treatment or process undertaken by a person on goods belonging to another registered person and the expression “job worker” shall be construed accordingly.
Explanation: – In simple terms, job work refers to a situation where one registered person (let’s call them the “Principal”) gives their goods to another person (referred to as the “job worker”) for some kind of treatment or processing. The goods still belong to the owner, but the job worker performs some specific task or process on those goods as per the Principal’s instructions.
Example: –
Shop A (Registered Jeweler) sends some gold to Shop B (Registered Goldsmith) to get it shaped into beautiful jewelry. Shop B works on the gold (polishes, melts, crafts) belonging to Shop A (the treatment or process) Shop B is the Job Worker and Shop A is the Principal
The definition of job work, as per Section 2(68) of the CGST Act, specifies that it involves the treatment or process of goods belonging to another registered person. Therefore, if the principal (the person who owns the goods) is not a registered person under the GST Act, the activity may not qualify as job work.
In such a scenario, where the principal is not a registered person, the treatment or process applied by the job worker on the goods might be considered a supply of services under Schedule II Entry No. 3. This means it could fall into the broader category of services, and the applicable rate of tax would depend on the specific nature of the service provided.
It’s crucial to distinguish between job work involving registered persons and other scenarios where services are provided to unregistered persons. This helps in determining the correct tax treatment and applicable rates under the GST framework.
Example: – Job work with Registered Persons
Principal (Registered Person):- A Jewelry Manufacturer registered under GST.
Job Worker (Registered Person):- An expert in gemstone polishing and setting.
The jewelry manufacturer (Registered Principal) sends raw, unprocessed gemstones to the job worker. The job worker polishes and sets the gemstones as per the specifications provided by the jewelry manufacturer. The gemstones are sent back to the jewelry manufacturer to be used in their final jewelry products. GST Treatment: The process undertaken by the job worker is job work. The jewelry manufacturer, being the registered principal, is responsible for the GST on the entire value of the gemstones, including the job work charges.
Example: – Job work with Unregistered Persons
Principal (Unregistered Principal): An individual who owns antique furniture.
Service Provider (Registered Person): A restoration expert registered under GST.
Process: The individual approaches the restoration expert to repair and restore their antique furniture. The restoration expert performs various treatments and processes to restore the furniture to its original condition. The furniture is returned to the individual. Since the principal (furniture owner) is not a registered person, it doesn’t fit the definition of job work. The services
provided by the restoration expert are considered a supply of services under Schedule II Entry No. 3. The restoration expert charges GST for the services provided, and the applicable rate depends on the nature of the services.
Contract Manufacturing
Contract manufacturing refers to a business arrangement where one company (the principal or brand owner) outsources the manufacturing of its products to another company (the contract manufacturer). In this setup, the contract manufacturer is responsible for the actual production process, using the specifications, designs, and often the raw materials provided by the principal. The principal retains ownership of the product design and may also supply the necessary materials, while the contract manufacturer focuses on the production aspect. This practice allows the principal to leverage the manufacturing capabilities of another entity without the need for significant investments in infrastructure and equipment.
Example: –
Company A specializes in designing and marketing nutritional supplements but does not have its own manufacturing facility. It owns the formulation and design of a new protein powder. Company B is a contract manufacturer with a well-equipped production facility. Company A procures and owns the raw materials (ingredients) needed for the protein powder formulation. These raw materials are stored at Company B’s facility. Company A sends the raw materials and the product formulation specifications to Company B. Company B uses its manufacturing expertise, equipment, and labor to produce the protein powder according to Company A’s specifications. Since Company A retains ownership of the raw materials and provides them to Company B for processing, the arrangement aligns with the principles of job work. Company A is responsible for the GST on the entire value of the finished protein powder, including the manufacturing charges incurred from Company B.
Packing, Re-packing, Testing & Inspection, Labelling etc
Where principal sends his goods for testing or labelling to another person, the same will be treated as “treatment or process.
II. Nature of Supply
As mentioned above as per entry 3 to Schedule II, any treatment or process which is applied to another person’s goods is a supply of services.
III. Procedure for supplying goods to Job Worker
(a) Section 143 of the CGST Act, 2017 deals with job work procedure. The principal may under intimation send any inputs, semi-finished goods or capital goods without payment of tax to a job worker for job work and from there subsequently send to another job worker and likewise.
EXAMPLE: – Imagine you’re a baker (Principal) who needs a special machine repaired by a mechanic (Job Worker). You send the machine to the mechanic without paying GST. You fill out a delivery challan (like a shipment receipt) with details of the machine and send it along.
(b) Using Delivery Challans for Movement of Goods:
When sending goods to the job worker: Principal creates a delivery challan in triplicate (3 copies). Two copies go with the goods, and the job worker returns one copy when sending the goods back.
When sending goods from one job worker to another: Either Principal or the job worker can create a new challan, or the job worker can add details to the existing one.
When returning goods to the principal: The job worker sends back one copy of the original challan Principal provided.
When sending goods back in parts: The job worker needs to create a fresh challan for each part.
(c) E-way Bill for Inter-State Job Work: If Principal is in Delhi and sends goods for job work to a mechanic in Uttar Pradesh, Principal needs to generate an e-way bill for the movement irrespective of the amount.
(d) Sending Goods Directly to the Job Worker: If you order a new oven for your bakery, you can ask the supplier to send it directly to the mechanic for repairs before it even reaches you. You can still claim input tax credit even though you didn’t receive the oven physically.
(f) Invoice and Challan for Goods Directly to Job Worker: The supplier sends the oven with an invoice in Principal’s name, but also mentions the mechanic’s name and address as the consignee (receiver). Principal also sends a delivery challan to the mechanic for reference.
IV. GST on Job Work Charges: The mechanic charges principal for the repair services. If they’re registered under GST, they’ll add GST to their bill. Principal can claim input tax credit on the GST principal paid for the repair services.
A. Removal of inputs/semi-finished goods/ capital goods by Principal to a Job Worker:
(A) Inputs/ Semi-finished goods
(a) The principal can send inputs (including intermediate goods) for job work purpose without payment of GST but the same should be received back within 1 year of goods being sent out. Further, Inputs after job work activities can be received back at any of the place of business of the principal. Therefore, inputs can be received back at the principal place of business or even at any of the place registered as an additional place of business.
(b) In case the inputs are sent directly to a job worker, the period of 1 year shall be counted from the date of receipt of inputs by the job worker. The bill to ship module be followed
(c) When such inputs are further sent by one job worker to another, Handbook on Job Work under GST 5 then the entire process of job work from more than one job worker shall be considered for computing the period of 1 year.
(d) The period of 1 year shall, on sufficient cause being shown, be extended by Commissioner for a further period of 1 year.
(e) If the inputs are not received back within 1 year, then the same shall be treated as “supply” from the date the said inputs were sent out. The said supply shall have to be declared in FORM GSTR-1 and the principal shall be liable to pay the tax along with applicable interest.
(B) Capital Goods
Replace 1 year with 3 years in case of capital goods.
The period of 3 years shall, on sufficient cause being shown, be extended by Commissioner for a further period of 2 years.
(C) Moulds and dies, jigs and fixtures, or tools
The principal can send moulds and dies, jigs and fixtures, or tools for job work purpose without payment of GST. No time limit is required to receive back the moulds and dies, jigs and fixtures, or tools.
V. Return of goods by Job Worker
1. After completion of the job work, the job worker shall return the said goods to the principal’s premises under delivery challan and prepare his invoice for job work charges.
2. While returning the goods after completion of job work, to the principal, the job worker should send one copy of the challan received by him from the principal. If the goods are sent in piecemeal quantities by a job worker to another job worker or to the principal, the challan issued originally by the principal cannot be endorsed and a fresh challan is required to be issued by the job worker.
Let’s say you are a job worker, and the principal sends you 100 units of a product for manufacturing. The principal issues a challan specifying the details of these 100 units.
After completing the job work on the first 50 units, you send them back to the principal. For this partial shipment, you issue a new challan detailing the quantity (50 units) and other relevant information. Later, when the remaining 50 units are ready, you issue another fresh challan for that batch. This way, the principal receives separate challans for each piecemeal shipment.
3. Further, after the completion of job work, such goods can be directly supplied from the place of the job worker to the customer if: –
(a) the job worker is registered; or
(b) the job worker is not registered but his place of business is declared as additional place of business by the principal.
4. The supply of goods, after completion of job work, by a registered job worker shall be treated as the supply of goods by the principal and the value of such goods shall not be included in the aggregate turnover of the registered job worker.
5. The job worker can further send such inputs or capital goods, without payment of tax, to another job worker under the cover of delivery challan or by endorsing the challan issued by the principal as per Rule 55 of the CGST Rules, 2017.
6. In case where inputs, semi-finished goods and capital goods are not returned to principal as per prescribed time limit, the same will be treated as supply of the principal. It is clarified in the Circular No. Within 1 year Inputs Within 3 years Capital Goods No time limit Moulds and dies, jigs and fixtures, or tools that the principal would issue invoice for the same and declare such supplies in his return for that particular month in which the time period of one year / three years or extended period has expired. The principal is required to pay GST along with interest considering the supply was made by the principal to the job worker when the principal had sent the goods first for job work
7. Value of such deemed supply will be the value declared in the challan by the principal while sending the goods to job worker i.e., without including cost of transportation and job work charges.
8. Where goods are sent to job worker and same are lost/ destroyed due to some unavoidable circumstances, goods will not be returned by the job worker. If goods are lost, whether the principal is required to reverse credit under section 17(5)(h) or it will be deemed supply as per section 19(3) is the moot question. Since goods are lost or destroyed, section 17(5) (h) will be applicable and the principal is required to reverse the credit on inputs or capital goods, and it will not be treated as deemed supply. applicable and the principal is required to reverse the credit on inputs or capital goods, and it will not be treated as deemed supply.
EXAMPLE
Suppose the principal send raw materials to a job worker for processing. Due to unforeseen circumstances, such as a fire at the job worker’s premises, the goods are lost and cannot be returned.
In this case, Section 17(5)(h) comes into play. As per this section, the principal is required to reverse the input tax credit on the raw materials that were sent to the job worker but are now lost or destroyed.
Importantly, this situation does not fall under Section 19(3), as it is not a case of the job worker not returning the goods within the specified time; rather, the goods are lost or destroyed.
9. If due to some dispute between a principal and a job worker, goods are not returned by the job worker as consideration for his job work charges, the issue of valuation arises when the job worker sells the same goods in open market. It is a well settled position in earlier laws that the valuation for the same goods should be considered transaction value by the job worker and not market value of the said goods by the principal. The same was decided by Hon’ble Supreme Court in the case of Pawan Biscuits & Co. [2000 (120) ELT (24)]
EXAMPLE: -You (the Principal) send raw materials to a Job Worker for processing, and the agreed job work charges are Rs.1,000. Due to a dispute, the Job Worker refuses to return the processed goods to you. Instead, the Job Worker decides to sell the goods in the open market. The market value of the goods, as determined by the Principal, is Rs.1,500.if the Job Worker sells the goods in the open market, the taxable value for the sale would be $1,000 (the transaction value agreed upon for job work charges), not the $1,500 market value determined by the Principal.
VI. Registration by Job Worker
The job worker shall be liable to be registered under GST in the State / Union territory, from where he makes a taxable supply of services, if his aggregate turnover in a financial year exceeds the threshold limits.
Further, in terms of the Circular No. 38/12/2018 dated March 26, 2018, it has been clarified that though Clause (i) of Section 24 of the CGST Act, 2017, mandates registration for making interstate taxable supply irrespective of threshold limit, vide Notification No. 10/2017 – Integrated Tax dated October 13, 2017, exemption from mandatory registration was granted in case of supply of services.
Hence, a job worker is required to obtain registration only in cases where his aggregate turnover, to be computed on all India basis, in a financial year exceeds the threshold limit regardless of whether the principal and the job worker are located in the same State or in different States.
VII. Waste and Scrap
Waste & Scrap generated during job work can be supplied as under:-
(i) If the job worker is registered, then it can be supplied by the job worker directly from his place of business, on payment of appropriate tax applicable on the said waste / scrap.
Let’s say you (the principal) send metal sheets to a registered job worker for cutting and shaping. During this process, some metal waste is generated. The job worker, being registered, decides to sell this metal waste. The job worker can issue an invoice for the sale of the metal waste and pay the appropriate GST (Goods and Services Tax) on the transaction. This way, the waste and scrap generated during the job work are legally supplied, and the tax obligations are met.
(ii) If he is not registered, then the waste / scrap generated should be returned to the principal along with the goods and such waste / scrap would be supplied by the principal on payment of tax. Alternatively, the principal may supply waste /scrap directly from premises of the job worker under his invoice on payment of tax.
Let’s continue with the metal sheets example. If the job worker is not registered and metal waste is generated during the cutting and shaping process, the job worker must return this waste to the principal.
As the principal, you have two options:
Principal can supply the processed goods along with the waste and scrap, issuing principal’s own invoice and paying the appropriate GST.
Alternatively, Principal may choose to supply the waste and scrap directly from the job worker’s premises under your own invoice, ensuring the payment of the applicable tax.
(iii) The principal should also maintain proper records of clearance of waste / scrap from the premises of the job worker
VIII. Input Tax Credit (ITC) in case of Job Work
1. As per Section 19(1) of CGST Act, 2017, the principal is allowed to take credit on inputs / capital goods sent to the job worker.
2. As per Section 19(2) and Section 19(5) of CGST Act, 2017, ITC can be availed by the principal even if such inputs / capital goods are not being first received by the principal and are directly sent to the job worker.
3. In case goods are not returned in prescribed period and treated as deemed supply as per section 19(3) then question arises as to whether the job worker is eligible for availing credit of the GST paid by the principal by considering the same as deemed supply as per section 19(3) of the CGST Act, 2017.
As mentioned earlier where goods are not returned in prescribed period, the principal has to issue invoice and declare such supplies in his return for that particular month in which the time period of one year / three years has expired. The date of supply shall be the date on which such inputs or capital goods were initially sent to the job worker. Since date of invoice will be of current period, the job worker is eligible to avail the credit of the same. Moreover, as per second proviso to section 16(2) of the CGST Act, 2017 the job worker has to pay the said amount to the principal. The same may be done by way of making payment in cash or returning the said goods as supply of the job worker. For this, the job worker has to raise his own tax invoice stating principal as buyer.
Let’s Understand this with an example: –
Imagine you’re a business owner (the principal) and you send some materials to another person or company (the job worker) for processing or manufacturing. As per the rules, if the job worker doesn’t return the processed goods within the specified time (one year or three years), you, as the principal, have to take certain steps.
A. Issue an Invoice: Since the goods were not returned in time, you need to create an invoice for those goods in the month the deadline expires. This invoice should reflect the date when you initially sent the materials to the job worker.
Example:
Let’s say you sent raw materials to the job worker on January 1, 2022. The one-year deadline ends on January 1, 2023. If the goods are not returned by this date, you issue an invoice in January 2023.
B. Declare in Your Monthly Return: In the same month (January 2023), you need to include the details of the goods in your monthly tax return. This ensures proper record-keeping and compliance with tax regulations.
C. Job Worker’s Credit: Even though the invoice is of the current period (January 2023), the job worker can claim tax credit for it. This means they can offset the tax amount mentioned in your invoice against their own tax liability.
D. Payment by Job Worker: According to the rules, the job worker is obligated to pay the tax amount mentioned in your invoice back to you. This can be done in two ways:
Cash payment.
Returning the processed goods as a new supply.
Example:
If the tax amount mentioned in your invoice is $100, the job worker must either pay you $100 in cash or return goods worth $100 as a new supply, issuing an invoice with you listed as the buyer.
IX. Place of Supply
So far as job work is concerned, supply for job work charges is governed by section 12 (2) of IGST Act, 2017. When the registered job worker and the principal are in different States and goods are removed directly from the place of the job worker :-
If the principal (supplier of the goods) and recipient (buyer of the goods) are in the same State, then SGST and CGST shall be levied, though the job worker is in a different State.
Example:-
The principal, is in Maharashtra, and the buyer is also in Maharashtra. The job worker is in Gujarat. If the goods are sent directly from the job worker in Gujarat to the buyer in Maharashtra, both Maharashtra SGST and CGST will apply.
If the principal and recipient are in different States, then IGST shall be levied, even though the recipient is in the State where the job worker is situated.
Example :- The principal, is in Maharashtra, and the buyer is in Karnataka. The job worker is in Gujarat. If the goods are sent directly from the job worker in Gujarat to the buyer in Karnataka, IGST will apply.
X. Procedure to be followed, conditions and restrictions
1. Inputs, semi-finished goods or capital goods shall be sent to the job worker under the cover of a delivery challan issued by the principal. The format of a delivery challan is given as Annexure B.
2. Delivery challan is required even if such inputs / capital goods are sent directly to a job-worker.
3. The delivery challan shall be prepared in triplicate, in the following manner:–
(a) The original copy marked as ORIGINAL FOR CONSIGNEE;
(b) The duplicate copy marked as DUPLICATE FOR TRANSPORTER; and
(c) The triplicate copy marked as TRIPLICATE FOR CONSIGNER.
4. The details of following challans issued during a quarter shall be furnished in FORM GST ITC-04
[Given as Annexure C], on or before the 25th day of the month succeeding the said quarter and will be treated as intimation.
Details required to be furnished by the principal are:-
Goods dispatched to a job worker, and
Goods received from a job worker,
Goods sent from one job worker to another,
Goods directly supplied from the premises of job worker
5. Details of delivery challan generated by the principal for the job work are also required to be furnished in Form GSTR-1 (Return of details of outward supplies of goods or services).
6. In terms of section 143(2) of CGST Act, 2017 the principal shall be responsible for keeping proper accounts for the inputs or capital goods or waste / scrap lying with the job-worker.
7. For the format of job work challan, the format of e-sugam prescribed by the Government of Karnataka or e-way bill may be referred.
XI. Rates under Job Work
1. CGST rates for job work, which falls under HSN 9988 are as follows:
(i) CGST @ 2.50% in case of services by way of job work relating to:
(a) Printing of newspapers;
(b) Textiles and textile products falling under Chapter 50 to 63 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975)
(c) All products falling under Chapter 71 in the First Schedule to the Customs Tariff Act, 1975
(d) Printing of books (including braille books), journals and periodicals;
(e) Printing of all goods falling under Chapter 48 or 49, which attract CGST @ 2.50%. or Nil
(f) Processing of hides, skins and leather falling under Chapter 41 in the First Schedule to the Customs Tariff Act, 1975
(g) manufacture of leather goods or footwear falling under Chapter 42 or 64 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975) respectively
(h) All food and food products falling under Chapters 1 to 22 in the First Schedule to the Customs Tariff Act, 1975;
(i) All products falling under Chapter 23 in the First Schedule to the Customs Tariff Act, 1975, except dog and cat food put up for retail sale falling under tariff item 23091000 of the said Chapter;
(j) Manufacture of clay bricks falling under tariff item 69010010 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975)
(k) manufacture of handicraft goods. Where – The expression “handicraft goods” shall have the same meaning as assigned to it in the notification No. 32/2017 – Central Tax, dated September 15, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i), vide number G.S.R. 1158 (E), dated September 15, 2017 as amended from time to time.
(ii) CGST @ 6% is case of services by way of job work in relation to-
(a) manufacture of umbrella;
(b) printing of all goods falling under Chapter 48 or 49, which attract CGST @ 6%.
(iii) CGST @ 0.75% in case of services by way of job work in relation to diamonds falling under chapter 71 in the First Schedule to the Customs Tariff Act, 1975 (51of 1975);
(iv) CGST @ 9% in case of services by way of job work in relation to bus body building;
Explanation- For the purposes of this entry, the term, bus body building shall include building of body on chassis of any vehicle falling under chapter 87 in the First Schedule to the Customs Tariff Act, 1975
v) CGST @ 6% in case of job work services other than (i), (ii), (iii) or (iv) above. This has been clarified vide Circular 126/45/2019-GST dated November 22, 2019. Handbook on Job Work under GST 19
(vi) CGST @ 2.50% in case of services by way of any treatment or process on goods belonging to another person, in relation to printing of newspapers, books (including Braille books), journals & periodicals and all goods falling under Chapter 48 or 49, which attract CGST @ 2.50% or Nil
CGST @ 6% in case of services by way of any treatment or process on goods belonging to another person, in relation to printing of all goods falling under Chapter 48 or 49 which attract CGST @6%. CGST @ 2.50% is case tailoring services.
CGST@ 9% in manufacturing services on physical inputs (goods) owned by others, other than any of the above.
n conclusion, mastering the intricacies of Job Work Compliance under GST is indispensable for businesses navigating the complexities of supply chain dynamics. This guide has elucidated the meaning of job work, shed light on procedural nuances, and provided real-world examples, ensuring a comprehensive understanding of the associated GST implications. As businesses engage in diverse job work scenarios, distinguishing between registered and unregistered scenarios becomes paramount for accurate tax treatment. Navigating the compliance landscape with precision ensures not only regulatory adherence but also contributes to the seamless functioning of businesses within the broader GST framework.
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