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Applicability of 'H' Form in sale of goods

d.v. gupta

we are selling goods to a delhi dealer. we are also registered in delhi. the purchasing dealer is purchasing goods to export. they want to purchase against 'H' form. whether it is legal to sale goods to delhi dealer against 'H' form.

'H' Form Valid for Export Sales; Zero-Rated Exports Allow VAT Offset Without Reversing Input Tax Credit A discussion on the applicability of 'H' Form in the sale of goods involves a query about selling goods to a Delhi dealer for export purposes using 'H' Form. Several participants confirm that it is legal to sell goods against 'H' Form for exports, as export sales differ from interstate sales. A participant inquires about the VAT implications for the seller, questioning whether VAT paid at purchase can be credited against other sales. It is clarified that there is no need to reverse the Input Tax Credit for export sales, which are zero-rated, allowing the seller to offset VAT liability from other sales. (AI Summary)
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ASHWIN GALA on Jan 22, 2010
YES.
Rama Krishana on Jan 22, 2010
Yes, the sale in the course of interstate sale and sale in the course of export are two different sales. Therefore, a dealer can purchase the goods from the other dealer against 'H' for export.
Sanjay Aggarwal on Apr 10, 2015

What happens to the VAT paid by Seller (at the time of purchase)??

Are there any changes recently to position stated above??

YAGAY andSUN on Apr 10, 2015

Dear Sanjay,

In this scenario there is no need to reverse the Input Tax Credit. As export is zero rated sales.

Regards

YAGAY and SUN

Management, Business and Indirect Tax Consultants

Sanjay Aggarwal on Apr 11, 2015

Thanks for response. Let me provide complete scenario:

We are registered dealer in Delhi VAT. We purchase goods from Delhi Vendor for Rs 100 lacs and pay 12.5% VAT.

We sell ₹ 10 Lacs worth of goods to Exporter against Form H. Rest is normal sales in Delhi.

My question is whether I can avail Tax Input Credit corresponding to Export Sales to set off VAT liability against my other normal Delhi Sales?

Thanks in advance.

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