Form H is used under the Central Sales Tax (CST) Act to claim exemption from sales tax on goods sold to a registered dealer for export. Here's a detailed procedure for issuing Form H:
#### **1. Eligibility for Issuing Form H**
- **Purpose of Sale:** The sale must be made to a registered dealer who intends to export the goods outside India. - **Nature of Goods:** The goods must be intended for export, and you need to ensure that the sale qualifies as an export under the CST Act.
#### **2. Procedure for Issuing Form H**
1. **Obtain Form H:** - **Application:** The buyer (exporter) needs to obtain Form H from the respective state sales tax or VAT department where they are registered.
2. **Fill Out Form H:** - **Details Required:** The buyer should fill in the required details on Form H, including: - **Name and Address of the Buyer:** The exporter's details. - **Name and Address of the Seller:** Your company’s details. - **Description of Goods:** Include the nature and quantity of goods. - **Invoice Details:** The invoice number, date, and amount. - **Details of the Export:** Information regarding the destination and nature of export.
3. **Submit Form H:** - **To the Seller:** The filled Form H should be submitted to you (the seller) along with the purchase invoice.
4. **Verification and Issuance:** - **Verify:** Verify the Form H for accuracy and completeness. Ensure that all the required details are filled correctly. - **Acknowledge Receipt:** Acknowledge receipt of Form H by stamping or signing it, as evidence that the form has been received and processed.
5. **Maintain Records:** - **Record Keeping:** Maintain a copy of Form H for your records. This should be kept along with the invoice and other relevant documentation for future reference and audits.
6. **Issue Credit Note (if applicable):** - **Credit Note:** If the Form H is valid, you may issue a credit note or an invoice without sales tax. The sale will be recorded as a zero-rated export sale.
#### **3. Issuing Form H When Work is Done on Material**
If the material comes to your factory and some work is done as per the customer’s specifications, the issuance of Form H can still be valid under the following conditions:
1. **Nature of Work:** - **Substantial Work:** The work done should not change the fundamental nature of the goods. It should generally be processing, assembly, or modification as per customer specifications.
2. **Documentation:** - **Process Details:** Maintain documentation of the work done, including details of the processing or modification. - **Form H Validity:** Ensure that the buyer still qualifies for Form H and that the processed goods are still intended for export.
3. **Invoice and Form H:** - **Invoice Details:** Your invoice should reflect the processed goods along with Form H. Ensure that the invoice clearly states that the goods are sold for export and include details of the work done.
4. **Compliance:** - **Follow Rules:** Follow the regulations outlined in the CST Act and any relevant state VAT rules. Ensure compliance with export and tax regulations.
### **Summary**
- **Obtain and Verify Form H:** Ensure that Form H is properly filled and verified. - **Record and Issue:** Maintain records of Form H and issue invoices accordingly. - **Processing and Export:** You can issue Form H for goods that are processed as long as the fundamental nature of the goods remains and they are intended for export.
By following these procedures, you ensure that Form H is issued correctly, allowing you to claim the appropriate exemptions and comply with tax regulations.