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September 22, 2021

Mixing of rubber compound on materials supplied by principal to be considered as Job Work

by Mahesh Mara in GST, Legal Court Judgement

Mixing of rubber compound on materials supplied by principal to be considered as Job Work

Fact and Issue of the case

The petitioner is a manufacture and supplier of Rubber backed mats and mailings for laying on the floor. They also supply rubber backed mats and mattings on jab work for which the materials including moulds supplied by the principal. For executing job works, the petitioner procure Rubber, Reclaimed Rubber, Tyre / Rubber Waste Powder, China Clay Powder, Process Oil, Rubber Chemicals and other consumables from registered dealers.

The materials like textile, carpets, cad etc. are supplied by the principal for executing job works along with moulds in the required designs. The petitioner cut the materials in desired size and mixing the material with molten rubber compound. Accordingly, the molten rubber compound and teicele/coir materials are fused / vulcanized perfectly with the aid of hydraulic press. Thereafter, the edges are cut for finishing and the finished product like rubber backend mat of cob, polypropylene of felt will be delivered to the principal.

The petitioner requested advance ruling on the activities like, mixing of rubber compound on the materials supplied by the principal and returning the finished products to the principal will come under SI.No.26(i)(b) of N.No.11/2017-CT(Rate)dt. 28.06.2017 and SRO.No.370/2017.

Obeservation of the Authority

The matter was analyzed in detail. Any treatment or process undertaken by a person on the goods belonging to another registered person is a jobwork as defined in clause (68) of Section 2 of the CGST/SGST Act. As per the Circular No. 38/12/2018 Dt 26-03-2018 issued by tBEC, it is clarified that, in addition to the goods received from the principal, the job wo ker can use his own goods far providing the services of job work The services am p rformed on physical inputs owned by units other than units providing the service. A such, they are characterized as outsourced portions of a manufacturing process or a complete outsourced manufacturing process. Under job work services, the output is not owned by the unit providing this service. Therefore, the value of the services is based on the service charge paid, not the value of the goods manufactured. The job worker, as a supplier of services, is liable to pay GST if he is liable to be registered. He shall issue an invoice at the time of supply of the services. The value of services would include not only the service charges but also the value of any goods or services used by him for supplying the job work services, if recovered from the principal.

The materials supplied for execution of job work are falling under Chapter 50 to 63 in the First Schedule to the Customs Tariff Act, 1975. The materials like textile, carpets, con etc. are supplied by the principal for executing job works along with moulds in the required designs. All the raw materials supplied by the principal are covered under Chapter 50 to 63 of the Customs Tariff Act, 1975. Therefore the job work services applied on such goods are squarely come under Si.No.26(i)(b) of N.No. 11/2017-CT(Rate)dt. 28.06.2017. and taxable @ 5% GST.

Conclusion

In view of the observations stated above, the following rulings am issued:

Whether Mixing of rubber compound on the materials supplied by the principal and returning the finished products to the principal will come under SLNo.26(i)(b) of N.No. 11/2017-CT(Rate) dt. 28.06.2017. and SRO.No.370/20177

Mixing of rubber compound on the materials supplied by the principal and returning the finished products such as rubber backed mats and mania@ to the principal constitute supply of job work services and the job work services applied on such goods are squarely come under SI.No.26(i)(b) of N.No.11/2017-CT(Rate) dt. 28.06.2017. and SRO.No. 370/2017.

Read the full order from below

Mixing-of-rubber-compound-on-materials-supplied-by-principal-to-be-considered-as-Job-Work

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