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Sikkim online waybill

Anupam Majumder (Sr. Executive Indirect Taxation Eastern Region) (29 Points)

06 September 2013

Hi

We received an order from our Customer based in Sikkim where the intention was to make sale in transit. We have no registration in Sikkim but having registration in West Bengal and decided to book sales from WB. Earlier we have purchased goods from differrent states of India and made sale in transit from West Bengal to our Sikkim Customer. The manual waybills have been provided by Customer directly in the name of our Supplier. Excise benefits were also passed on to the Customer based on the Vendor Invoices. But recently online waybill has been established in Sikkim and the waybill is systematically linked up with C Form generation. Now the problem is, the customer is unable to provide waybill in the name of our supplier. They can issue waybill in the name of us only. But in that case, how can we establish the Sale in transit. Can any one please guide us.....

Best Regards.

Anupam Majumder

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4 Replies

MJ Krishnamurthy (ACCT(Retd)) (7197 Points)
Replied 06 September 2013

You can make a sale- in- transit to your Sikkim customer and also can coply with the rueles of on-line issue of way bills. You ask your vendor to load the goods to be sold to you and inform you about the vehicle regn No and deatails of goods ,packages etc. At this position you issue your invoice to the Sikkim customer. Inform the details of vechile no,details of goods,bags,packages etc,your invoice no,date, value of goods and TIN to your cusomer. Let the him raise a electronic/online way bill with this information and the waybill and copy of your invoice on-line to the transporter. The invoice no, date ,quantity ,and amount of the supplier's invoice need not be referred in the way bill of your customer.The vehicle can smoothly pass through on the strength of these documents :LR,Your letter of endorsement,invoice,and waybill......mjk

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Anupam Majumder (Sr. Executive Indirect Taxation Eastern Region) (29 Points)
Replied 07 September 2013

Dear Sir

Its a great to hear from you. Thank you so much for your valuable reply. In this context, I need bit more information. Since in the LR, the supplier Invoice No. , date & material value should be specified therein. So supplier Invoice must be attached with my Invoice along with the LR. Here can the supplier raise their Invoice with Billed to party as me and shipped to party as my customer although in the waybill the consignor will be me and consignee will be our customer? Because the Excise Benefit should be passed on to the customer as per the Contract.

Thanks once again.

best Regards.

AM

MJ Krishnamurthy (ACCT(Retd)) (7197 Points)
Replied 08 September 2013

Generally, your supplier's invoice need not be attached along with yours. This also leads to disclose the profit you may be adding in your sale etc. Hence as a general practice,while doing sale-in-transit,the firrst supplier is advised to mention in the LR and also in the exvcise invoice,as buyer and consignee name both, and ask the supplier to send you the invoice seperately. Or you can have a tie up with the transporter and ask him to deliver to your customer,remove the invoice of your supplier and introduce your invoice in its place,with an endorsement on the LR.Passing the excise benifit to your customer can be done in your invoice.When an excisable are moving out of a factory an excise bill has to accompany it till it reaches its first destination.So,here you can only remove the supplier's invoice and send yours along with the excise invoice.Thease are some of the options open in this trade practise........mjk

Anupam Majumder (Sr. Executive Indirect Taxation Eastern Region) (29 Points)
Replied 08 September 2013

Dear Sir

Thank you for your feedback. The problem is, as per the excise law, we cannot generate Excise Invoice until we receive material in hand. So the customer would take the excise input based on my vendor Invoice only. Secondly, the value mentioned in LR will also be lesser than my Invoice value. So, there will be a mismatch again. Supplier Invoice should be attached here as I belive. But my question is, in that case will it be as per the sales tax law, if supplier mention buyer as my name and delivery address as my customer name since the waybill is issued to me only not to supplier by my customer.

Thanks.

AM

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