CST ACT

1442 views 1 replies

Dear sir,

I am working in a trading house in delhi handling the responsibilities of sales tax . I am faceing the problem in filing the vat return .

My company is importing the material and making sale on bond transfer basis. in this sale material import from out side of  India under one Bill of Lading ,can be stored in bonded wherehouse and can be sale partly  direct from bonded wherehouse. under this sale the custom duty will be paid by the purchaser.and sale tax is also exempted on this type of sale.

Now I am faceing the problem that under which act , I should file this sale

already i am filing the same under exempted sale under section 8 ( 5 ). for which our VATO is objecting saying that the same is not covered under this act.

This sale is similer to Highseas sale but in case of Hiseas sale  full material of one bill of lading can be transfer to one buyer only. whereas in case of bond transfer sale material can be supply to different parties against one Bill of lading.

Please resolve my problem

Thanks.

Regards

Avnish Saxena

Replies (1)

saxena ji,

please i am providing some infromation and updation regarding the HSS:-

 

Clearance procedure in case of high sea sales is the same as in case of general purpose

         Clearance but the following points must be considered: -

 

       (1)    Only one party’s name should appear in the bill of entry filed by canalizing agency or

                   Export houses or trading houses.  No bill of entry can be filed on account of another

                   Party, Madras CPN No.72/89 dated 21.4.89.

 

(2)                 The bill of entry will be noted in the name of high sea buyer on production of high  

Sea sale contract. Original copy of bill of lading endorsed in favor of buyer should also be  given.

 

         (3)    High sea sale contract must be a legally enforceable contract.

 

         (4)    All declarations, undertaking, bonds etc. are to be given by the high sea buyer.

 

         (5)    Original importer is also required to fulfill conditions relating to importation.

 

         (6)    A high sea buyer is also required to file a declaration of value under Rule 10A of

                   Customs Valuation Rules 1980.  He can obtain necessary data from seller for the

                   said declaration. (Mumbai CPN No.33/99 dated 4.3.99).

 

         (7)    High Sea sales are possible even in respect of goods transported by air. In case of

                    high sea sale of carriage by air, air way bill is a recognized document for carriage

                    of goods by air.  Even though airway bill carries the words “NOT NEGOTIABLE” it

                    does not restrict the seller from exercising his right to dispose of the  goods to a third party.

 

regards,


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register