How to sell goods on High Sea Sale (HSS) under same IEC code

[BRIJMOHAN GOYAL]

How to sell goods on High Sea Sale (HSS) under same IEC code

We are manufacturing Power Plant Equipment in different units in different parts of India . All the units are importing Raw material and Components are under one IEC code with different Branch No. Is it possible that on arrival of the cargo One unit can sale goods to our other unit under same IEC code but Branch code is different on HSS basis . If yes , What are the pre-conditions and inform procedure with Notification or relevant rules . Thanks.

[Mahir S]

HSS cannot be operative after arrival of the cargo.

[YAGAY and SUN]

Dear Brij Mohan Goyal,

HSS can be operative even after arrival of shipment/cargo. There are plethora of judgment in favour of importers and HSS Buyers. But in you case the IEC is same, therefore, you cannot sell the goods on HSS basis to one of your unit, as sale to self is not sale. You can do one thing, you can submit the name and code of the branch at the time of filing of BOEs to whom you are keen to sell the goods on HSS basis. amended PO can be provided to you counter part and documents can be amended in the name of your other unit under intimation to your AD.

Regards,

AI Summary

High Sea Sale: transfers to the same IEC are treated as sale to self, documentary steps required for valid HSS. The query asks if HSS can be used to transfer imported goods between units operating under a single IEC with different branch codes. Responses note conflicting practice on post-arrival HSS, but emphasise that a transfer to the same IEC constitutes 'sale to self' and is not HSS. To secure HSS treatment for transfers to a distinct branch, declare the buyer branch name and code on the Bill of Entry, obtain an amended purchase order in the buyer branch's name, amend import documents, and inform the authorised dealer.