05 April 2010
An order has been placed to us from a client in Noida, UP for a purchase of machinery and on their instructions we have dispatched it to their client in Tamil Nadu under form E-1 transaction.We have issued form E-1 to our client in Noida and they in return have issued us form 'c'. My questions are -
Is this transaction will be considered valid?
Can our Noida client issue form 'c' to us as we both are based in same state(U.P)
19 April 2010
In first apperance your transaction seems to be valid. Personally I will like to held this transaction as valid one.
Reecently one decision of Apex Court in the case A & G Projects case, has mentioned that - The dividing line between sales or purchases under s.3(a) and those falling under s.3(b) is that in the former case, the movement is under the contract whereas in the latter case the contract comes into existence only after the commencement and before termination of the inter-State movement of the goods After this submission there are lots of disputes in relation to E-1 sales .
CAclubindia
