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Interstate Jobwork without payment of tax

mk Jain

# GST Applicability on Interstate Job Work ??

( As per CGST Law in chapter XI A – Job work allowed without payment of tax and should be return in prescribed time one year for input)

But in IGST law no procedure mentioned for Job work.

as per Miscellaneous -17 in Chapter IX of IGST law :

Application of certain provisions of the CGST Act, 2016 to I G S T

The provisions relating to registration, valuation, time of supply of goods, time of supply of services, change in rate of tax in respect of supply of goods or services, input tax credit and utilization thereof, distribution of input tax credit by an Input Service Distributor, job work, accounts and records, payment, tax deduction at source, return, tax collection at source, audit, assessment, adjudication, demands, refunds, interest, recovery of tax, offences and penalties, inspection, search and seizure, prosecution and power to arrest, appeals, review, advance ruling and compounding shall apply, so far as may be, in relation to the levy of tax under this Act as they apply in relation to levy of tax under the CGST Act, 2016:

On behalf of above we suppose that Interstate Job work allowed without payment of duty as per CGST Law?

Interstate job work: IGST applies CGST job work rules; practitioners advise payment and credit to avoid procedural disputes. IGST applies specified CGST provisions, including job work and input tax credit rules, but lacks detailed interstate procedural guidance; practitioners advise paying GST on movement and availing credit on return to avoid reconciliation disputes and await rules which will clarify procedural requirements for interstate job work. (AI Summary)
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Nash Industries I Pvt Ltd on Mar 21, 2017

Though section 55 of RMGSTL provides for removal of goods for job work without payment of GST.

However, it is advisable not to opt for the provision, instead pay GST on movement of goods,the credit is availed by the job worker who in turn pays the GST at the time of supplying (returning the goods after processing) on which the credit can be availed at your end.

In the end, as the set off is available, the tax impact is neutral.

This will save unnecessary litigation and reconciliation.

Regards

S.Ramaswamy

DR.MARIAPPAN GOVINDARAJAN on Mar 21, 2017

Your assumption is correct.

Ganeshan Kalyani on Mar 22, 2017

Paying and taking credit would block working capital.

mk Jain on Mar 22, 2017

Thanks to all for valuable reply.

As per Mr. Ramaswamy we can do but we want to know availability of procedure without payment of tax on interstate processing only.

Intra state also clear in CGST Law.

Rgds,

M K

Nash Industries I Pvt Ltd on Mar 22, 2017

Once rules are framed, the procedure to be adopted will be clear.

It is once again suggested that its better and advisable to pay the GST and avail set off rather than complicating, disputes, reconciliation.

GST is meant to ease of doing business. Though compliance is high and huge.

Regards

S.Ramaswamy

YAGAY andSUN on Mar 22, 2017

Jobwork would be payment of GST but subject to certain conditions as may be prescribed by jurisdictional authorities.

Manisha Modi on Apr 4, 2017

Exact by Excellon, a highly reliable, easy to use and scalable technology platform for smooth transition of businesses to GST. To know more visit www.exactgst.com/index.aspx

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