Question 8 - Sales return under CST (i.e. Central Sales Tax Act) is allowable as deduction from the turnover within 6 months? If, say, goods are returned in GST by a buyer after 6 months of sales, will it become taxable in CST or GST
FAQ on GST dated 21.9.2016 based on Draft Model GST Chapter 24 Transitional Provisions
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Sales return timing determines whether GST applies; returns after the prescribed period attract GST, within period may be exempt. Where goods sold under the earlier law are returned after the GST appointed day, tax liability depends on whether the goods are taxable under GST and whether the return occurs after the prescribed six month transitional period; if both are met, GST is payable. Returns within the six month period are not taxable if the goods are identifiable and tax was paid under the earlier law at the time of sale, provided that sale was made not earlier than six months before the appointed day; see section 149.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Sales return timing determines whether GST applies; returns after the prescribed period attract GST, within period may be exempt.
Where goods sold under the earlier law are returned after the GST appointed day, tax liability depends on whether the goods are taxable under GST and whether the return occurs after the prescribed six month transitional period; if both are met, GST is payable. Returns within the six month period are not taxable if the goods are identifiable and tax was paid under the earlier law at the time of sale, provided that sale was made not earlier than six months before the appointed day; see section 149.
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