return goods

[nunna murali]

we are supplied intermediate good to vendor as per his request and transported, mean while vendor has informed not required material. we are holed the material at tranporter area and bringing back to our factory in our invoice.

How take in ITC for our invoice in GST rule wise.

please give me suggestions.

udaya bhaskar

[RAMESH PRAJAPATI]

Please give intimation to the Assistant Commissioner / Deputy Commissioner GST regarding return of goods by transporter because consignee did not accepted the delivery of goods with documentary evidence and request the officer to verify the goods so that you can go for refund under Section 142 (1) which is as under.

Section 142. (1) of the CGST Act : 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:
Provided that if the said goods are returned by a registered person, the return of such goods shall be deemed to be a supply.

[Himansu Sekhar]

If the goods are returned during the GST era and goods were despatched after 01.07.17, then there is no need to pay the tax and to take the ITC.

[RAMESH PRAJAPATI]

Yes, if material was dispatched after 01.07.2017 and returned during the same month, GST is not to be paid and therefore question of ITC does not arise.

But if material was dispatched before 30.06.2017 and returned during GST era then Section 142 of the CGST Act comes into play.

[Ganeshan Kalyani]

If material is supplied pre GST and customer is returning it in post GST then such return of goods is considered as deemed supply .customer will have to GST while returning the material. The supplier will account in his books as sales return and thereby will take the benefit of GST.

[nunna murali]

Valuable suggistion given thanks to all.

AI Summary

Return of goods: pre-GST consignments returned post-GST invoke refund rules or deemed supply treatment and tax consequences.
Return of goods addresses tax and credit treatment when consignments refused in transit are returned. Pre-GST removals returned post-GST require notification and officer verification to seek refund of duty paid under prior law, while returns by a registered person are treated as deemed supply. Goods dispatched after GST commencement and returned during the GST period do not attract fresh tax and are adjusted as sales returns without ITC implications.