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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
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GST Update 02.07.2016

SECTION 16A INPUT TAX CREDIT IN RESPECT OF INPUTS SENT FOR JOB WORK

 
GST DAILY DOSE OF UPDATION:-
 
 
SECTION 16A INPUT TAX CREDIT IN RESPECT OF INPUTS SENT FOR JOB WORK:-
 
The provisions of credit availment on inputs/capital goods sent to job work are similar to the provisions prevalent at force with slight variations. The principal manufacturer shall be entitled to take credit of input tax on inputs sent to a job-worker for job work if the inputs sent for job-work are received back by the principal manufacturer within a period of one hundred and eighty days of their being sent. Furthermore, the inputs may be directly sent to the premises of job worker and the time period of 180 days shall be counted from the date of receipt of inputs by the job worker. The principal may also sent capital goods to the job worker and in that case, the time limit for return of capital goods to the premises of principal manufacturer shall be 2 years.
 
It is further provided that where the inputs/capital goods are not received back by the principal within the prescribed time period, an amount equal to input tax credit availed on the said inputs/capital goods shall be paid along with interest. However, the principal may reclaim the input tax credit and interest paid earlier when the inputs/capital goods are received back by him at his place of business.
 
The following variations in the provisions are worth observing:-
 
·        Presently, there is provision to only reverse the cenvat credit taken by the principal manufacturer and to re-claim the cenvat credit on receipt of job worked goods. However, the proposed GST regime also makes the principal manufacturer to pay interest and to re-claim it when the job worked goods are received back by him. The inclusion of interest element seeks to unnecessary complicate the situation as there is no revenue loss to the government.
 
·        Furthermore, presently there is also provision of sending the goods from one job worker to another job worker and even in such cases, cenvat credit is available to the principal manufacturer. However, there is no express provision similar to this in the proposed GST regime.
 
·        Moreover, presently there is express provision as regards admissibility of cenvat credit of jigs, fixtures, moulds and dies or tools falling under chapter 82 when sent to job worker for production of goods on behalf of principal manufacturer. However, such a provision is absent in the proposed GST regime.

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