Excise importer dealer

This query is : Resolved

Devam Sheth (Querist)
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13 July 2015 Mr A is registered as importer under Central Excise in state on Mumbai. Subsequently have also registered as importer under Central Excise in state of Gujarat. The transactions as follows:

Mr A imports a particular goods to Mumbai Godown and than after makes a branch transfer to the branch in the State of Gujarat. On receiving the goods at Gujarat, a sale transaction is undertaken with the customer.

Kindly suggest whether goods brought in the state of Gujarat through Branch transfer will hold the status of importer or there is any change in the stage of the Importer Dealer as First Stage Dealer ?

Arun Kumar Singh

Arun Kumar Singh (Expert)
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14 July 2015 If goods are transferred from one depot to another, the send depot will still be a depot, as the second depot is not purchasing goods from first depot. the goods are only being transferred. As per section 2(h) of CEA purchase requires transfer from one person to another for valuable consideration. Hence, transfer from one depot to another on the basis of invoice is permissible. In such case, another depot will not become dealer.