Generally in imports there can be 3 parties i) the exporter 2)the buyer - who is having privity of contract with foreign supplier3)the consignee - to whom goods are to be delivered. The 3rd person is not buying goods directly from party 1) exporter. The 3rd person is buying from 2nd person only. Whether 3rd person can be shown as consignee / notify party in bill of lading . whether 3rd person can clear goods by filing bill of entry and paying customs duty.
the situation comes in turn-key projects , where the contractor(under turn-key ), will have to import goods .
But for availing cenvat credit, the awarder./principal (who has entered into contract) has to file B/E and pay duty.
In such cases, whether high sea sales has to be necessarily operated . OR based on consignee/notifiy party in Bill of Lading, the consignee can file B/E , pay duty and avail credit.
kindly advise.
CAclubindia
