Under Section 16(6) of the CGST Act, when goods are sent for job work, the principal can bring them back without paying tax within 3 years (for capital goods, it’s 5 years), and no GST will be payable on return of goods.
Your question: If the goods are received back within 3 years, do we treat it as job work goods or not? And do we have to wait for 3 years to take the goods back?
Clarification:
If goods are sent out for job work, they are treated as supplied but no tax is payable if the goods are returned within the prescribed period (3 years for inputs/3 years for goods sent for job work).
You do NOT have to wait for 3 years to bring back the goods. You can bring them back any time within those 3 years.
If goods are brought back after 3 years, GST will be payable at that time.
So, practically:
Goods received back within 3 years are still considered job work goods, and no tax is payable on their return.
You do not have to wait for 3 years; you can take the goods back anytime within that period.
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