FORM PURPOSE
No.
C This is the most important and debatable form as trader avail some
concession in tax thru these forms.
Section 8(4)(a), therefore, provides that a concessional rate is
applicable only if the purchasing dealer submits a declaration in Form
C as prescribe by department
Presently concessional rate against C form is 2%.
Submission of C Form is mandatory. If It is not submitted within time
frame then concession will be reversed & dealer shall be liable for
balance tax (difference of normal tax & concessional tax) along with
interest.
Frequency for obtaining C form is on quarterly basis.
One declaration will cover all the transactions related to one quarter.
Earlier one C form was used for entire year transactions of a party.
Following diagram will give more clarity on issuance of C form:-
D It was used for making govt. purchases. From 01.04.2007 It has been
withdrawn
This is used for the sale made to the buyer who does not take physical
delivery. Entire transaction is performed during the movement of goods
from one state to another state.
E1
Section 3(b) provides that a sale or purchase affected by transfer of
documents of title to thegoods during their movement from one state to
& another shall be deemed to take place in thecourse of interstate trade or
commerce
E2
For subsequent transaction of above mention E1 nature transaction
where second buyer also does not take delivery for the same & sale the
material to another one during movement of goods.
The requirements for issuing the above forms i.e. who is to issue which
form and to whom to be issued have been explained with the help of
following diagram
Inter-state Sales Sale in Transit [ Section 3(b) ]
KEY FACTORS
No delivery by the Buyer 1, endorsement on L/R in favour of Buyer 2 by the Buyer 1
Buyer 2 takes the delivery (interstate sale completes )
For exemption to Buyer 1 - E-I Form from first Seller & C form from Buyer 2.
F This form is used when goods are dispatched to branch in another state.
The dealers who dispatch material will collect Form F from the branch
where goods have been delivered & will submit the same to
department.
Blank Forms F are issued by the Sales Tax Department of the State, in
which goods are delivered, to the consignee dealer. For this, consignee
should be registered in the State in which goods are to be delivered.
Form-F is issued by transferee of goods to transferor of goods and one
single form may cover consignments of goods transferred during one
calendar month.
H This form is used for penultimate sale to an exporter. The seller will
collect the form from exporter & submit to the department.
Manufacturer/ Exporter
in Buyer in China
Seller in State
Haryana StateDelhi
H Form No Form
Manufacturer/ SEZ in
Buyer in China
Seller in State State UP
Haryana
I Form No Form
Conclusion
The time limit & prescribe procedure have been given in act still it has
been observed that most of the dealers fail to submit the form within
time frame & it becomes matter of litigation. The dealer who is liable to
submit the form, face penalty/interest & other proceedings.
We shall advise dealer to prepare list of action taken by him for
obtaining the form which will help assessing officer for relying on fact
that all the best possible effort has been taken by dealer for obtaining
the form & he may allow additional time limit for submission of form or
might not impose penalty for the same.