Any case law for non-realisation of exports
This query is : Resolved
10 February 2014
Is there any favourable case law (HC or SC) wherein dealer who is an exporter out of India, is not subjected to tax just because, dealer could not realise export proceeds from customer?
10 February 2014
under maharashtra vat act.
MJ Krishnamurthy
(Expert)
10 February 2014
Mr Kunjan,
Pl see the case law of M/s AR Associates Vs Commissioner of Commercial Taxes,(2001)122 STC 134(Kar). In this case it is stated that,in order to be eligible for exemption,the exporter should furnish:1)Mainly the export agreement or the purchase order given by the foreign buyer and 2) the proof of dispatch of goods out of the territory of India.It is also said the goods must reach the destination. What happens afterwards,i.e. rejection by the buyer or perishing,fire etc due to which final non-receipt of payments are not taken into account.....mjk
Pl see the case law of M/s AR Associates Vs Commissioner of Commercial Taxes,(2001)122 STC 134(Kar). In this case it is stated that,in order to be eligible for exemption,the exporter should furnish:1)Mainly the export agreement or the purchase order given by the foreign buyer and 2) the proof of dispatch of goods out of the territory of India.It is also said the goods must reach the destination. What happens afterwards,i.e. rejection by the buyer or perishing,fire etc due to which final non-receipt of payments are not taken into account.....mjk
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20 June 2014
thank u sir krishnamurthy.
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