whether gst applicable

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an hospital purchased materials from a supplier by paying gst ( but not utilised as it is exempted ). But upon return of such goods will gst be applicable. ?
can it be argued this return can be considered to be a fresh supply and thereby gst be applied?
Replies (2)

GST is applicable when there is a supply of taxable goods. In the case mentioned above, you are returning a good purchased whereas not making a taxable supply. 

Without prejudice to the above, if the Dept. alleges that the same is a taxable supply, you shall still be exempt from payment of tax or taking registration therein, so far as such goods are sold/purchased within a state.

Sir , so return of a purchased good cannot be considered to be a taxable supply?
what possible counter argument do I have if the dept alleges it is a taxable supply?


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