The One
(379 Points)
Replied 10 May 2007
The One Says:
If I understand correctly, foreign seller sells goods to importer from whom goods have been purchased by Mr. X. Now, purchased on High Seas Basis means that the goods have not yet arrived in Indian Customs Waters.
Now the question arises who is the importer as per Sec. 2(26) of Customs Act, Importer, in relation to any goods at any time between their importation and the time when they are cleared for home consumption, includes any owner or any person holding himself out to be the importer.
Additional Information required to be given pursuant to Part II of Schedule VI of the Companies Act, 1956 requires disclosure of expenditures in foreign currency and CIF Value of Capital Goods, Raw Materials and Others.
Case 1: Mr. X is paying in INR to impoter (Only CIF Disclosure & obviously foreign exchange disclosure would not be there)
Case 2: Mr. X is paying directly to foreign seller in USD or other currency (CIF & foreign exchange disclosures)
Whatever expense you incur for business purposes should be allowed in the books provided you have proper documentary evidence to back up your claims.