31 January 2009
Sir As i am not a manufacturer and i am not registered with central excise department do i need to take a CT-1 form from the department for third party export.Actually i am a exporter holding IEC from dgft.
I have got an order from my foreign buyer. he has remited all amount in advance to me. Now i have contacted a manufacturer based in other state from my. I asked him to send all material directly from his factory to my buyer's destination.and for that i will pay him all the expenditure. I will Give him Invoice and mention his name in that as manufacturer exporter and mine as a merchant exporter (As Third Party Export).
I want to pay him in INR but he is telling without getting payment in USD he can't show the Export and if i want to pay him in INR then i should provide him CT-1 Form and Form H (Sales Tax)to get the benefit of exemption of Excise Duty & Sales Tax.
My question is, In this case Should I have to Provide him the CT-1 and H Form?
He raise a PI to me and mention my name as buyer and my client's address as Port of delivery.
In the amount column he mention Base amount of goods which is finalized between us and add Excise Duty and sales tax in that amount extra. and now if I will provide him CT-1 Form and Form H then he will deduct Excise Duty and Sales Tax From my Invoice.
He is the one who is manufacturing the goods, he is the one who is sending material directly to my client, Material will picked from his factory and landed at Loading (Sea Port) port and from there to Delivery Port (At my client place). I think for this purpose he doesn't required CT-1 and Form H from my side.According to my knowledge he Just need my sign and seal on ARE-1 (Which he will fill up and send to me) Form and Need a Export Invoice from my side mentioning my and his name in that Export Invoice.
We are new for this type of export so i need to know from the expert of this.
12 September 2009
No. This is not correct because the excise department is giving duty free for exports for getting foreign exchange. If the manufacturer do according to your idea he gets only indian rupees from you only. Then he will not able to establish the payment receipt from foreign. (foreign exchange).
CAclubindia
