Question
what will the treatment of goods return in gst remine which was transferred under vat regime to consignment agent against “f” form and the same goods return in gst regime from both point of view tranfefer and tranferee.
Answer
As per Section -142 sub section (1) the goods
cleared under VAT regime could be returned back subject to condition that:
"Where any goods on which duty, if any, had been paid under the existing law at
the time of removal thereof, not being earlier than six months prior to the
appointed day, are returned to any place of business on or after the appointed
day, the registered person shall be eligible for refund of the duty paid under
the existing law where such goods are returned by a person, other than a
registered person, to the said place of business within a period of six months
from the appointed day and such goods are identifiable to the satisfaction of
the proper officer"
Since these goods could be returned within 6 months after implementation of GST
that means upto 31st December 2017. This time limit is already expired.
Therefore goods will be returned on payment of GST as fresh supply.
(Reply dt.04/06/2018)