Purchase against Form H

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Nagendra (Querist)
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27 October 2009 We are selling iron ore to one party who are exporting the same,they are Issuing Form H to us.

Can we Purchase the goods against Form H within state without paying VAT.

Or Form H is for claimimg exemption only from CST in case of interstate purchase ?

Please Peply urgently.

CA SANJAY MUKHERJEE

CA SANJAY MUKHERJEE (Expert)
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27 October 2009 Certificate in form H - Sale during course of export is exempt from CST. As per section 5(3) of CST Act, penultimate sale is also deemed to be in course of export and is exempt from CST. Dealer actually exporting the goods has proof of export like customs documents, bank certificate, airway bill/bill of lading, shipping bill etc. However, the penultimate seller does not have any direct evidence to prove that his sale is exempt from tax. In such cases, the actual exporter has to issue a certificate to the penultimate seller in form H. The blank â€˜Hâ€™ forms are to be obtained from sales tax authority by the final exporter.

Form H is for export outside India and not for Interstate Sale. Foe interstate sale C form to be obtained for reduced rate of 2 %.

Purchase of goods will attract VAT in your state. Form -H will only enable you to not charge CST on your sale price.

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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27 October 2009 You cannot purchase goods on the strength of Form-H since your are not an
exporter of those goods.

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Ram Avtar Singh

Ram Avtar Singh (Expert)
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27 October 2009 if you purchase against form H its necessory to prove to vat department that goods has been exportted to other countery. then department issue H Form.

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Shivangi Shukla

Shivangi Shukla (Expert)
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25 January 2018 My client has made Interstate sale against H form. For that purpose he made an Intrastate purchase for local dealer where in he was charged VAT. Can he claim refund or can get exemption? if yes what is procedure?
Please advice

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