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altaf (Querist)
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09 November 2009 DEAR SIR,
I M A DEALER IN PACKING MATERIAL I SOLD GOODS TO THE UTENSILS EXPORTER AND THE FISH EXPORTER AGAINST H FORM WHERE DURING MY ASSESSMENT THE SALES TAX OFFICER FOUNDYR 2005-2007 THAT THE SALE WICH WAS MADE AGAINST H FORM HAS NOT BEEN ACCEPTED AND IS BEING DISALLOWED BECUZ THE EXPORTER HAS USED THE MATERIAL FOR PACKING THE GOODS IN INDIA AND HE HAS NOT EXPORTED THE PACKING MATERIAL.THE EXPORTER ALSO PROVIDES US THE BILL OF LADING TO US.S T OFFICER HAS A DEBATE THAT THE EXPORTER SHOULD GET THE IMPORT ORDER FOR PACKING THE GOODS THOUGH HE DOESNT HAVE THAT AND NOT SATISFYING THE CONDITIONS .NOW THE ST OFFICER PANALISE ME THE WHOLE SUM AMOUNT WITH INTEREST AND PENALTY. I REQUEST U PLS ADVICE ME HOW TO ESCAPE FROM THIS SITUATION

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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09 November 2009 Since the assessment is completed on you, the next course of action is file an appeal before the higher authority concerned in your state. There is a settled view that, if the purchaser violates the declaration, then the price of the goods shall not be added to the turnover of the selling dealer but it will be added to the turnover of the purchasing dealer.

Citation :- Industrial Minerals and Metals Vs. Sales tax Officer (1991) 82 STC 357 (Orissa).

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