Section 174 - Duty (Tax – in SGST Act) paid goods returned to the place of business on or after the appointed day - MODEL GST LAW - Draft The Central / State Goods and Services Tax Act, 2016 - [November 2016]

174. Duty (Tax in SGST Act) paid goods returned to the place of business on or after the appointed day Where any goods on which duty had been paid under the earlier 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 taxable person shall be eligible for refund of the duty paid under the earlier law where such goods are returned by a person, other than a registered taxable 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 taxable person the return of the goods shall be deemed to be a supply. (CGST Law) Where any goods on which tax had been paid under the earlier law at the time of sale thereof, not being earlier than six months prior to the appointed day, are returned to the supplier thereof on or after the appointed day, the registered taxable person shall be eligible for refund of the tax paid under the earlier law where such goods are returned by a person, other than a registered taxable person, to the said supplier 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 taxable person the return of the goods shall be deemed to be a supply. (SGST Law)