If merchant expoter can`t give h form

Dear Cherry

Suggest you take a re-look at the scanned copy of the "H" Form alongwith the date of issue. Also see whether it is fully filled and issued in your firm's name.

There may be various reasons for the customer unwilling to part with the Original and Duplicate Copy of the "H" Form.

1. The Customer could not have been able to export the goods due to dispute with the Foreign Buyer
2. The export did not take place due to quality issues or pricing
3. The goods, or part thereof, has been disposed off / sold  by the buyer in India only.
4. The Bill of Lading must have been lost or the goods were sent without proper documentation with the Customs authorities.
5. The "H" Form is lost.

You need to find out the reason from your customer. In case the form is lost, then a "Duplicate" can be issued after complying with the procedure prescribed for lost forms under the Central Sales Tax Act 1956

Exporter have very good company ,exporter export the goods and all detail in H for is correct, also we have Xerox copy of BL and H form, Exporter have file his VAT return regularly and he show in VAT return goods are exported and produces BL and other relevant export document to VAT department,He can`t loose H form,but he hold all party`s H form,

Becose We sale him our goods  via agent, So agent & exporter have sum problems ,So exporter block/hold all party`s H form who sale via this  Agent ,Exporter say us agent can`t give his money, so Exporter hold our H  form and say us, if agent give my money then i give all party`s H form, exporter think if I can`t give his H form then all party force to agent to give my money y ! but agent can`t give exporter`s money, so he hold all party`s  H form. A dispute arise between  exporter & agent  we suffer a lot, So what can we do ?if i go court then exporter provide me my Original  H form ? 

Also kindly advice me the H form is a property of Government? Exporter is bound to give H form to seller?

What stapes we taken for receiving my original H form from Exporter ?

H Form is not a "property" that can change hands. It is a "Declaration" by the Exporter stating that the goods purchased from you have been exported. You cannot compel the exporter to give you the "H" Form.

This is a case of coercion. You have done the transaction through an agent who has to pay some dues to the exporter. You have no other alternative but to approach the Agent to get the Form.

Do you personally know the Exporter, if yes, try and coax him to give you the "H" Form. If he does not give the "H" Form please ask him to pay the differential amount of tax and interest thereon. This can be done by raising a Debit Note on him. But beware that by raising a Debit Note you become liable to pay the amount into government treasury.

Alternatively you can pay the differential amount of tax and interest and recover the same from the Agent.

Sir,first Thanks for speand me your veluable time & advice,

When we sale to expoter then we issue invoice and we mention `this Invoice under H form`,So  it`s a contract ? So i think if expoter can`t provide me H form then he breach of contract tearms ? if i go court then he give me form ? if i issue a notice on exporter if he can`t give H form with in 15 days,otherwise we pay  all tax with intrest then behalf of him then what happned ?

i personally meet exporter he cliarly tell me if agent can`t give his money then he can`t give our H form ? also Agent don`t give us good responce,Agent also say he can`t pay exporter`s money agent say he is just a agent,and agent have no responcibility to pay any money to exporter,So now what can i do ? any ligal solution to get H from from Exporter ?