WE HV FOLLOWING QUESTION N WE NEED ALL YOUR CLARIFICATION:
WE WANT TO EXPORT AS THIRD PARTY EXPORT UNDER DRAWBACK:
ITEM: HS CODE 29: EXPORT UNDER CT1 N SHIPPING BILL NEED TO FILE UNDER DRAWBACK
ONE MANUFACTURE NAME A , MERCHANT EXPORTER NAME B, N ANOTHER MERCHANT EXPORTER NAME C
AS THIRD PARTY EXPORT
KINDLY NOTE WE WANT TO FILE SHIPPING BILL UNDER DRAWBACK IN EXPORTER B N WRITE THIRD PARTY
AS EXPORTER C N EXPORTER B TAKE GOODS UNDER CT1 N AR4 FM A MANUFACTURER
C EXPORTER WILL RECEIVE FOREIGN EXCHANGE PAYMENT
OUR PROBLEM:
1)B EXPORTER IS CLAIMING THAT WITHOUT FOREIGN ORDER THEY CANNOT GET CT1 UNDER EXCISE RULE
2)B EXPORTER IS CLAIMING THAT HIS BANK DONOT ALLOW PAYMENT IN C EXPORTER'S(THIRD PARTY'S BANK) IF SHIPPING BILL FILED UNDER DRAWBACK IN HIS NAME BECAUSE AD CODE MENTION HIS BANK IN SHIPPING BILL
C EXPORTER:
WE AS C EXPORTER FEEL THAT ALL THIS TRANSACTION PERMITED UNDER CUSTOM N EXCISE RULE
KINDLY GIVE US CONFIRMATION N GIVE US NOTIFICATION FOR SAME AS THIRD PARTY EXPORT UNDER
DUTY DRAWBACK SCHEME (WHOSE NAME DUTY DRAWBACK WILL GO?) CAN SHIP UNDER LEGAL INDIAN
GOVERNMENT LAW
AWTG YR REPLY ASAP
TKS N RGDS/DHAVAL VISARIA
THIRD PARTY EXPORT
Asked by
Third-party exports: export documents and BRC must be in third-party exporter's name, enabling drawback compliance.
The Foreign Trade Policy permits third-party exports under the duty drawback regime and requires shipping bills to indicate both the manufacturer/manufacturing exporter and the third-party exporter; Bank Realisation Certificate, export order and invoice should be in the name of the third-party exporter. Practical issues raised include obtaining CT-1 for the supplying manufacturer, bank acceptance of BRC/payment when the shipping bill and AD code reflect another exporter, and which entity is entitled to claim drawback. (AI Summary)
The Foreign Trade Policy permits third-party exports under the duty drawback regime and requires shipping bills to indicate both the manufacturer/manufacturing exporter and the third-party exporter; Bank Realisation Certificate, export order and invoice should be in the name of the third-party exporter. Practical issues raised include obtaining CT-1 for the supplying manufacturer, bank acceptance of BRC/payment when the shipping bill and AD code reflect another exporter, and which entity is entitled to claim drawback. (AI Summary)
TaxTMI