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FORM H GUODANCE

(Querist) 19 April 2015 This query is : Resolved 
Who can Issue FORM H. And what other precaution requirement for issue of form.h and after its issue.
Devajyoti Barman (Expert) 19 April 2015
academic query.
Guest (Expert) 19 April 2015
Purely an academic query! By the way, you being in service, which Form H you refer and for which type of taxation?
Anirudh (Expert) 19 April 2015
The Form H has to be furnished by the Exporter. By furnishing the Form H, the exporter can obtain the goods for export without paying the applicable sales tax.

While furnishing the returns, the seller who has sold the goods to an exported without charging the sales tax, on the basis of the declaration in Form-H furnished by the exporter, has to make available those Form-Hs to the Sales Tax Authorities to support why he had not charged the sales tax.
Guest (Expert) 19 April 2015
Anirudh ji,

As I pointed out in my reply, the querist is in service, as his profile speaks. He is not a businessman or an exporter. That is why I questioned the legitimacy of his question to get clarification, on what perspective that be termed, as his personal problem.
asgari (Querist) 19 April 2015
Sir, my relative has started export business. Has issued form.H from whom he has purchased goods. He is exporting directly. He was called for assessment by comissioner of tax. He was informed that he should not have issued form.h. therefore I have seekef help here
Guest (Expert) 19 April 2015
Mr. Asgari,

Your explaination has nothing to do with your basic query. When you say that your uncle had already issued Form H, what was the relevance of your asking, "Who can Issue FORM H?"

Further, when you know that your uncle had already issued Form H, of what purpose would serve you by knowing, "what other precaution requirement for issue of form.h and after its issue," at this belated stage when the event had already expired?

So, your question was not at all aimed to seek help to get rid of the real problem of your uncle, which as per your statement he is facing now. You could well have discussed the real problem, if any, of your uncle at the very outset instead of posting your academic query.

Even now you do not seem to be clear, what is the exact nture of the problem with your uncle, if raised by the tax authorities and what are their requirement from your uncle to settle the issue, even if he was told that he should not have issued Form H?

SO, BETTER IF YOUR UNCLE CONSULTS SOME LOCAL EXPERT TO GET RID OF THE PROBLEM, IF HE IS REALLY HAVING ONE, BY SHOWING DOCUMENTS, INCLUDING NOTICE RECEIVED BY HIM. ANY REPLY TO YOUR CASUAL QUERY MAY NOT HELP YOUR UNCLE. IF HE IS AT DELHI, HE IS ADVISED TO CONSULT SHRI ANIRUDH ON THE ISSUE.
Rajendra K Goyal (Expert) 19 April 2015
No reply to academic query.
R K JAIN (Expert) 20 April 2015
Goods purchased against H Form must be exported in the same form. Packing material can also be purchased against form H. Any raw material purchased against form H by exporter will not be allowed.


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