High Sea Sales u/s 5(2) of CST Act

[THYAGARAJAN KALYANASUNDARAM]

Dear Expert,

One of my customer made high sea sales u/s 5(2) of cst act,1956 and entered agreement and one of the point with the buyer, the seller will be cleared the goods and deliver the same. The bill of entry also in the name of the seller and they have claimed the exemption.

Whereas the authority said that, the bill of entry should be in the name of the Buyer only and the goods must be cleared by the buyer.

Can anyone provide any supportive judgement and your views.

Thanks in Advance.

AI Summary

High sea sale documentation: seller-held bill of entry challenged, affecting tax exemption and customs clearance responsibility. A high sea sale claim where the seller agreed to clear and deliver imported goods, the bill of entry is in the seller's name, and the seller claimed exemption; the authority contends the bill must be in the buyer's name and the buyer must clear the goods, raising whether seller-held bills and seller-conducted clearance satisfy conditions for high sea sale exemption.