Export sale

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Rajnikant (Querist)
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06 September 2011 Sale of Ship outside the territorial waters of india will attarct custom duty? if yes how much and if no why? is it because of it is an export sale?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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13 September 2011 No tax can be levied by State Government on sale in the course of export. Even when exports are arranged with the help of an agent, sale will be sale in course of export, if the goods are not sold to agent any time.

· Export sale can be direct or by transfer of documents after goods cross customs frontier of India.

· Purchase of aviation turbine fuel by Indian carriers and foreign aircrafts flying abroad is not ‘in course of export’, as there is no foreign destination.

· Sale to any destination outside territorial waters is ‘export’.

· Penultimate sale i.e. sale prior to actual export is exempt if exporter issues H form to supplier. There should be pre-arrangement of sale. Same goods which are purchased should be exported. Some processing can be done, so long as ‘same goods’ are sold.

· Packing material can be purchased for export by issuing H form.

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