THE CENTRAL GOODS AND SERVICES TAX ACT, 2017
TRANSITIONAL PROVISIONS
Section 141:
Transitional
provisions relating to job work.
(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 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 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.