09 February 2014
One of my client done the E1 sales and got all the related E1 and C forms. My client has paid transportation and octri charges and recovered from subsequent buyer. Now in the course of assessment dept is denying E1 sale and want to treat it as local sale stating that payment of transportation and octrai charges amounts to constructive delivery so transit comes to an end and subsequent sale will be local sale. Please guide me in this regard and suggest what recourse to be taken in assessment with case laws
09 February 2014
Mr D Patil, The assessing officer is correct. Octroi is paid only while taking delivery and not continued transportation of any consignment.Whomsoever wanted to take delivery,i.e. the customer of your client,should have paid octroi through the transporter and also the the lorry freight.Mere issue of E1 form will not confirm a sale-in-transit.....mjk
CAclubindia
