Form 38 up vat

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rajesh (Querist)
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03 March 2013 I am based at Delhi and have received a purchase order from Company A (in UP) for supply of goods to Company B (also in UP). The Invoice by me will be raised on Company A. In this case can the Form 38 be given by Company B? Will it be in order if the form 38 given by Company B is accompanied by an Invoice issued by me on Company A. Company A & B are associates but different Companies.
Will appreciate if relevant case Law or Rule is also quoted while replying the above.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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04 March 2013 Mr Rajesh,
There need not be a case law for it.If a company is placing a purchase order with you it should also send the Form 38 for transportation of goods.These forms are issued seperately for each dealer and verified after their use and during their movement by check posts. If the companies A & B are registered sepeartely,and not branches, they can not issue/mix documents for each other.In fact the trouble will be for them only,but if caught and goods are detained and seized by checkpost or a vigilance officer you may also get into a problem.....mjk