Form h- refusal to provide
Jay Prakash
(Querist) 03 February 2012
This query is : Resolved
We are manufacturing goods for our exporter for exports who is refusing to provide Form 'H' to us inspite of repeated requests.
what legal action can we take?
Raj Kumar Makkad
(Expert) 03 February 2012
Serve a legal notice with complaint to Ministry of Commerce and a civil suit.
C. P. CHUGH
(Expert) 05 February 2012
Section 5(3) of the CST Act casts an obligation not to charge tax in the case of sales made in the course of export out of india. Similiary it casts an obligation of buyers of such goods to furnish not only declaration in Form H but alongwith it details and documentary evidence of such goods being actually exported out of india. Hence he is under statutory contract with you to provide the same.
By refusing to furnish declaration he is voilating the Law of Contract. Suit for specific Performance and compensation in lie of damages on faiure to perform may be filed against him.
Experts may express their different opinion also.
Thanks
Jay Prakash
(Querist) 10 February 2012
thank you for the replies.
we issued notice to him.
who is the appropriate authority to whom we can complaint about the exporter.
