sale in transit

Querist : Anonymous (Querist) 04 January 2011 This query is : Resolved
i m mumbai base co. got ordr from mumbai base co. so i purches matterial from gujarat so i order my gujarat party to dispatch matterial to my mumbai base consumer directly and my gujarat base party rase bill to me against c form and charge c s t, i made a sale bill to my mumbai base party against sale in transit against no tax and collect c form is this right sale pl. advice

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R.Ramachandran (Expert) 04 January 2011
The transaction is perfectly OK. But you should also obtain Form E-I from your gujarat supplier. Only on this way, you would be able to show how did you dispose of the goods purchased by you from him.

Querist : Anonymous (Querist) 04 January 2011
dear sir,

thank u very much for rep. as u say i obtain e-1 from my supplier but in business audit in sales tax depart ment object againt this tranjection and he said as per some a& g jugement my tranjection ie wrong and he try to trap me and demanding big amount can i go for appil strongly if u req. any mor information i will provide i m a small trader pl. help me

Alpesh Upadhyay (Expert) 04 January 2011
I agree with Mr. R. Ramchandran so far as Form-EI is concerned. Further it is also advisible to endorse the transport receipts or documents of entitlement of goods sold in transit in favor of untimate buyer. For further arguments you can relied up on Judgments 84 STC 317, 35 VST 262, 35 VST 403.

Querist : Anonymous (Querist) 05 January 2011
dear sir thank u very much as u say above i refer case no 84 STC 317 my case alsmost similer i m mumbai base dealer amd my buyer is at mahad i.e. at maharastra and my firest saler is at gujarat so i instruct to gujarat party supplay directly to mahad and commercial invoice to me against c s t "c" form & issue e-1 form, and i rase commercial bill to mahad party against c form "sale in transit" u/s 6(2) without endorsing l.r. becouse this is predetermind sale in l.r. buyer and consignee name both written pl. advice i m right department can take any action or demand not concedering under 6(2)

AMIT BAJAJ ADVOCATE (Expert) 05 January 2011
Go through the following links

http://lawyersclubindia.com/experts/Predetermined-E1-Sale-Transaction-bet-two-related-parties-143426.asp

http://amitbajajadvocate.blogspot.com/2010/12/understanding-e1-and-e2-sales-under-cst.html

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