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High Sea Sale, Customs - Exim - SEZ

Issue Id: - 106535
Dated: 19-2-2014
By:- Ashok Kela

High Sea Sale


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Indian Company namely  purchases goods from outside India.  Company ‘B’ purchases on high seas sale from company “A” and sells  to 3rd company outside India there itself. The goods never arrive in India.  Since company ‘A’ of Indian origin purchases in US Dollar and since Company ‘B’ also an Indian Company purchases on high sea sale from  Company ‘A’, the payment by company ‘B’ to company ‘A’   should be in US dollar as company ‘A’ has purchased in US dollar.  Company ‘B’ will sell the goods outside India in to  a 3rd country and proceeds received by company in US Dollar.  Both the comopany ‘A’ & ‘B’ have value addition.

Please confirm this is in order.

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1 Dated: 22-2-2014
By:- Harish Chander Bhatia

Basically this is back to back transaction. There is a value addition in the books of A , because it purchases the goods while it is on high seas and sell the same to 3rd party. There is no value addition in the books of B, since it has sold the goods to A on high seas , as its normal business  earning normal business profit , and 3rd party is not indian , since all the transaction took place while the goods on high seas, no state VAT, would  charge it to tax. I do not find any infirmity in this type of arrangement.


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