Page 135 - GSTL_26th March 2020_Vol 34_Part 4
P. 135

2020 ]            IN RE : ELECTROPLATING AND METAL FINISHERS         645
                       6.4  Job-work is defined under Section 2(68) as below :
                       Section 2(68) of CGST Act defines “Job work means any treatment or pro-
                       cess undertaken by a person on goods belonging to another registered per-
                       son and the expression  “job worker’ shall be construed accordingly.
               Thus the activity of undertaking manufacturing services by a registered person
               on the physical inputs owned by another registered person is a ‘job work’. In the
               case at hand, the applicant is a registered person and when he undertakes elec-
               troplating  activities on the goods belonging to another registered person, then
               the nature of work of the applicant is “Job work”.
                       7.1  The applicable rate of Service Tax is given vide Notification No.
               11/2017-C.T. (Rate), dated 28-6-2017, the relevant portion of which is extracted
               below :

                       26  Heading 9988  (i)  Services by way of job work in relation to -  2.5  -
                          [Manufacturing   (a)  Printing of newspapers;
                            services on   (b) Textile yarns (other than of man-made fi-
                          physical inputs   bres) and textile fabrics,
                          (goods) owned   (c) Cut and polished diamonds; precious and
                            by others]      semi-precious  stones; or plain and stud-
                                            ded jewellery of gold and other precious
                                            metals, falling under Chapter 71 in the
                                            First Schedule to the Customs Tariff Act,
                                            1975 (51 of 1975);
                                         (d) Printing of books (including  Braille
                                            books), journals and periodicals;
                                         (e) Processing of  hides, skins and  leather
                                            falling under Chapter 41 in the First
                                            Schedule to the Customs Tariff Act, 1975
                                            (51 of 1975).
                                       Explanation. - “man-made fibres“ means staple
                                       fibres and filaments of organic polymers  pro-
                                       duced by manufacturing processes either, -
                                         (a)  by polymerisation of organic monomers
                                            to produce polymers such as polyamides,
                                            polyesters, polyolefins or polyurethanes,
                                            or by chemical modification of polymers
                                            produced by this  process [for example,
                                            poly (vinyl alcohol) prepared by the hy-
                                            drolysis of poly (vinyl acetate)]; or
                                         (b) by dissolution or chemical  treatment of
                                            natural organic  polymers (for example,
                                            cellulose) to  produce  polymers such  as
                                            cuprammonium rayon (cupro) or viscose
                                            rayon, or by chemical modification of
                                            natural organic  polymers (for example,
                                            cellulose, casein and other proteins, or al-
                                            ginic acid), to produce polymers such as
                                            cellulose acetate or alginates.
                                       (ii)  Manufacturing services on physical  in- 9  -
                                       puts (goods) owned by others, other than  (i)
                                       above.

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