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TMI BlogTo clarify the procedure in respect of return of time expired drugs or medicines.X X X X Extracts X X X X X X X X Extracts X X X X ..... n the procedure to be followed in respect of return of time expired drugs or medicines under the GST laws. The issues raised in the said representations have been examined and to ensure uniformity in the implementation of the law across the field formations, the Commissioner of State Tax, Maharashtra State, in exercise of its powers conferred under section 168(1) of the Maharashtra Goods and Services Tax Act, 2017 (hereinafter referred to as the MGST Act ), hereby clarifies the issue in succeeding paragraphs. 2. The common trade practice in the pharmaceutical sector is that the drugs or medicines (hereinafter referred to as goods ) are sold by the manufacturer to the wholesaler and by the wholesaler to the retailer on the basis o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply and pay tax at the rate applicable to a composition taxpayer. In this scenario there will not be any availability of ITC to the recipient of return supply. (c) In case the person returning the time expired goods is an unregistered person, he may return the said goods by issuing any commercial document without charging any tax on the same. (d) Where the time expired goods which have been returned by the retailer/ wholesaler are destroyed by the manufacturer, he/she is required to reverse the ITC availed on the return supply in terms of the provisions of clause (h) of sub-section (5) of section 17 of the MGST Act. It is pertinent to mention here that the ITC which is required to be reversed in such scenari ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat if the credit note is issued within the time limit specified in sub-section (2) of section 34 of the MGST Act, the tax liability may be adjusted by the supplier, subject to the condition that the person returning the time expired goods has either not availed the ITC or if availed has reversed the ITC so availed against the goods being returned. (c) However, if the time limit specified in sub-section (2) of section 34 of the MGST Act has lapsed, a credit note may still be issued by the supplier for such return of goods but the tax liability cannot be adjusted by him in his hands. It may further be noted that in case time expired goods are returned beyond the time period specified in the sub-section (2) of section 34 of the MGS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Credit note will be issued by the supplier (manufacturer / wholesaler) but there is no requirement to upload the same on the common portal. Subsequently tax liability cannot be adjusted by such supplier. 4. It may be noted that though this circular discusses the scenarios in relation to return of goods on account of expiry of the same, it may be applicable to such other scenarios where the goods are returned on account of reasons other than the one detailed above. 5. This Trade Circular is clarificatory in nature and hence cannot be made use of interpretation of provisions of the law. Difficulty if any, in the implementation of this Circular may be brought to the notice of the Office of Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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