C & F

Guest
(Querist) 11 May 2011
This query is : Resolved
Dear Experts,
Kindly discuss the following queries regarding C & F agreement
We are the marketing co. for certain products in mumbai and need to appoint C & F in Maharashtra and other States.
Queries are :
1) How to make the stock transfer to C&F within and outside state? using what forms?
2) Can we make billing in name of C&F and according C&F can make to secondary market?
3) What will be the role of Company and C&F in case of payment of Local Sales Tax ie VAT?
Thanks & Regards,
Rita Paryani
R.Ramachandran
(Expert) 11 May 2011
Dear Rita,
You are a commercial establishment. This being a query related to your commercial activity, you can definitely afford the fees for the lawyer/consultant. Therefore, please approach the lawyer/consultant and get your matter clarified.

Guest
(Expert) 11 May 2011
you can transfer the stock by taking an agreement in this regard from the C & F after taking the necessary documents like agency certificate provided by the local authority or the higher authority in this regard and sale tax no and PIN no and TIN no etc. if out side the state than C form and ST 38 form are required
2. you must make the bills to the name of the C and F and not to the secondary market directly and then C F make the bill to secondary market
3. this all can be advised by the local Tax Consultant advocates or the Chartered Accountant
Basavaraj
(Expert) 11 May 2011
Queries are :
1) How to make the stock transfer to C&F within and outside state? using what forms?- You have to make the stock transfer on form 'F'.
2) Can we make billing in name of C&F and according C&F can make to secondary market?- You cannot make any bill or Invoice in the name of C & F since it is stock transfer to from your Company to your godowon or wharhouse which shall not be billed on C & F Agent, he his only your Agent not re-seller. You have make all the transaction as stock transfer.
3) What will be the role of Company and C&F in case of payment of Local Sales Tax ie VAT?- Your Company has to bear the sales tax while crossing the check post in outstation, for this your Agent shall be issued Form 'C' to reimbursement to you.

Guest
(Querist) 11 May 2011
Thanks a ton!
Raj Kumar Makkad
(Expert) 11 May 2011
I do agree with Basavraj but I also advise to keep the suggestion of Ramachandran in consideration.
MUKESH SHARMA
(Expert) 11 May 2011
pls go through latest judgement consignment sales, c and f sales

Guest
(Querist) 12 May 2011
@Raj Kumar Makkad - I agree I m asking related to my commercial activity.. but just wanna ask what kinda queries we can put on this website? Commercial or only Acedemic??
@Mukesh - Thanks !
R.Ramachandran
(Expert) 12 May 2011
Dear Rita,
Let me clarify.
We feel that clarification on a point and legal position of a query is freely to be provided to individuals - who may or may not have the wherewithal to afford the fees for the professionals. Those cases are one off cases and will not have recurring impact on them.
On the contrary, the commercial concerns are in a position to afford the fees of the professionals and the solution provided to them will get them recurring benefits. Therefore it will be advisable for such class of queriests to approach the professionals.
Even if an individual is embarking on some commercial ventures and poses any query here, I have always provided the answer. The logic behind such an attitude is that, he is only a beginner and should be given all the help that he needs at the initial stage to help him gain foot-hold in his venture.
Thus, I take a balanced view and approach the issues.
As you will agree there is a huge difference between a query being asked by an individual and a corporate/Commercial concern.

Guest
(Querist) 12 May 2011
Thanks Mr. R. Ramacharan for clarification.
I shall definitely consider your points in future.
In my case, being Dy.GM Finance I was asked to get the few details of the same. And as you said the logic behind all this is to help the beginners for their poses. I too asked the same keeping the same in my mind.. Well thanks to all the Experts to clarify the same.
I am expecting more suggestions and clarifications from Experts in future on my queries if any.

Guest
(Querist) 12 May 2011
Thanks Mr. R. Ramacharan for clarification.
I shall definitely consider your points in future.
In my case, being Dy.GM Finance I was asked to get the few details of the same. And as you said the logic behind all this is to help the beginners for their poses. I too asked the same keeping the same in my mind.. Well thanks to all the Experts to clarify the same.
I am expecting more suggestions and clarifications from Experts in future on my queries if any.
soumitra basu
(Expert) 16 May 2011
I do not agree with Mr. Ramchandran. This is a open forum. Any body can ask any question. If any one like not to answer a questions he has the liberty to do so. All of us have come voluntarily. There is no compulson socially or legally. There should not be any distinction between commercial establishment and non-commercial establishment.
Soryy, Mr. Ramchandran I beg to differ with you.
R.Ramachandran
(Expert) 16 May 2011
Dear Mr. Basu,
I value your views.
Just as I expressed my views, so you are expressing your views.
There is nothing for you to feel sorry about anything.
It is said that if two agree all the time, one is not necessary. If two are at logger heads all the time, both are not necessary.
We disagree on certain points occasionally, rather than agreeing for everything for the sake of agreeing. It is an healthy trend.
Let me reiterate, I respect and value your views.