Manager Finance
742 Points
Joined May 2009
"If you are manufacturing excisable goods and paying the excise duty then all processes done by the job worker are exempt under Not 8/2005. In these cases it maybe preferable that you issue invoice under Rule 4 (5) (a)
If you are not excisable then the processes which amount to manufacture at the job workers end wouldbe excluded from the coverage under BAS clause - production or processing of goods for or on behfl of another."
I agree with Mr Madhukar and want to add that even if your Product is excisable goods and you are paying Excise Duty on the same, however the place where Job Work is done is important . If Job work is done within your Excise Registered Premises using your Machinery & infrastructure, the said activity will be treated under Manpower Supply which will attreact Service Tax . The said Service Tax paid to contractor can be taken back as Cenvat Credit.
The Job Work Charges paid for the Material sent out of the factory under Challan 4 (5) (a) will not attreact Service Tax as explained above.