CA Vishal Sormare (CHARTERED ACCOUNTANT) (130 Points)
16 March 2009Dear Friends,
I am facing with one issue so please guide me with documentory evidence.
One foreign party from outside india has given the order of 100 nos. The company has supplied 90 nos. to that foreign party. Now for remaining 10 nos., it gives instruction that instead of supplying to us, just supply to one of its customer in India. So, which duties will be attracted and how(Give any section or notification reference).
The invoice is issued on the name of Foreign party itself.
Rajesh Kumar
(Advocate- Tax)
(7806 Points)
Replied 16 March 2009
This is not a export of goods. Clear the goods on a simple excisable invoice charging all duties which you charge on a DTA clearance. On the invoice the foreign party shall be a buyer and the indian person shall be a consignee. based on this invoice you can receive payment in foreign exchange.
The other party (consignee) will face some problem in remitting money to the foreign party as they will not have a bill of entry for goods.
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