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cherry (md)     31 January 2013

Can`t give me orignal ``h form``,

 

i am from Gujarat and i sale goods to Maharastra based merchant expoter agains` H form`,he ship my goods and he recived `H form` from VAT Department of maharastra ,he sent me scan copy also,but now he can`t give me Orignal ``H form``,So waht can i do ? i mean can i get it from him under by any law ? if i go Court then under which law he give me my H form ? H form is seller`s property ? 



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 5 Replies

R K JAIN (Advocate)     31 January 2013

You can request Maharstra merchant to obtain the duplicate H Form from the department if the original are lost. An indemnity bond is to be given by you to the Assessing Authority on Form G prescribed under the CST Act 1956.

H.M.Patnaik (Proprietor)     01 February 2013

The H form was either lost in transit or misplaced at the place of the purchasing dealer , but never reached physically to the Selling dealer in the instant case. So, in this case the Indemnity Bond has to given by thePurchasing Dealer to the local office for obtaining aduplicate H form .

cherry (md)     02 February 2013

 

Sir, Thanks, but Maharashtra Exporter already have Original H form, he sent me scan copy also, but matter is, We sale him our goods  via agent, So agent & exporter have sum problems ,So exporter hold all party`s original H form who sales via this  Agent ,when we meet Exporter,he say us, agent can`t give his money, so Exporter hold our H  form and say us, if agent give my money then i give all party`s H form, exporter think if I can`t give seller`s H form then all party force to agent to give my money y ! but agent can`t give exporter`s money, so he hold all party`s  H form. A dispute arise between exporter & agent  we suffer a lot, So what can we do ?if we go court then exporter provide me my Original  H form ? 

Also kindly advice me the H form is a property of Government? Exporter is bound to give H form to seller?

What stapes we taken for receiving  original H form?

also kindly inform us, if we contact to Maharashtra VAT department then he help us ? if we provide him any Bond, then he give direct to seller ?

now we are in troubles so kindly guide us please. B`coz all party approximate tax amount is more then 3 cr.

 

H.M.Patnaik (Proprietor)     03 February 2013

Hi Cherry,

Understood your position.

As the law stands, it is the duty of the purchasing dealer-exporter to provide declaration in  Form-H alongwith other connected documents to the selling dealer if the transaction was undertaken on H form condition . The presence of an agent does not absolve the purchasing dealer of his liability to provide the said declaration . It is purely a "P to P" transaction between the two Registered dealers in course of inter state trade for the purpose of onward export.

In view of the above, you have to send a pleader notice to the Purchasing dealer stating details of the transaction & P.O.reference etc. that in case they fail to provide you with the requisite declaration form within a fortnight , they will remain responsible to compensate you with theconseqential tax demand,penalty ,interest as well as legal costs .

 

 

V.Devananda Narasimham (Advocate)     09 February 2013

 I agree with the reply given by Mr. H.M.Patnaik. Whether you have obtained a purchase order and acknowledgment of goods from the merchent exporter in your name. In the absence of H form, you are liable to pay local tax applicable on such goods as CST.


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