Period in which the claim of goods return under CST Act can be made

HIGH COURT OF PUNJAB & HARYANA

M/s. Modern Dairies Limited
Vs.
The State of Haryana and others

Claim of credit of goods return under CST Act can be claimed only in the quarter in which the gods were returned.

Date of order 10/07/2014
While dealing with the question that whether Hon'ble Tribunal was justified in holding that the sales return are allowed to be deducted only in the year to which it relates and not in the period during which it has been returned back ignoring Rule 22(4) read with Section 9(2) of the CST Act, Hon'ble High Court refer to the provisions of Rule 22 (4) of the Haryana Value Added Tax Rules, 2003 and observed that "the assessee is not entitled to claim the benefit of return of goods sold to any person in any other quarter except the quarter in which the goods have been returned. In our opinion, no other meaning can be assigned to the said rule".Matter remanded

For full text of judgment- please click here
Readers may also refer to - 1983(53)STC 48