Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Jayanta Bandyopadhyay   25 October 2021

Payment to foreign vendors

There were 2 purchase orders. Foreign vendor mistakenly put both in one packet and did not raise Invoice

We came to know while destuffing containers after 2 years. There is no customs assessed bill of entry for 2 nd supply

 

Can indian importer make payment to party , against receipts materials but no documentary evidence

Please guide



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 October 2021

Under the EDI system, the importer does not submit documents as such but submits declarations in electronic format containing all the relevant information to the Service Centre. A signed paper copy of the declaration is taken by the service centre operator for non-reputability of the declaration. A checklist is generated for verification of data by the importer/ Customs Broker. After verification, the data is filed by the Service Centre Operator and EDI system generates a Bill of Entry Number, which is endorsed on the printed checklist and returned to the importer/ Customs Broker. No original documents are taken at this stage. Original documents are taken at the time of examination. The importer/ Customs Broker also needs to sign on the final document before Customs clearance

1 Like

Jayanta Bandyopadhyay   26 October 2021

Sir

 

Here European failed to declare 2 nd cargo in any docs and their customs are also I dark.

Indian importer being unaware declared only one import. So 2 nd cargo though came to India, is not in any docs. This got surfaced after 4 years when container is destuffed. None will believe this. How to address  please enlighten

Archana Pandey   05 February 2022

Dear Jayanata, 

In such condition, you may ask your foriegn Client to submit a pending Invoice first so that you can make a payment against that. As far as I understand a written Invoice is valid upto 4 year. 

Jayanta Bandyopadhyay   05 February 2022

Sir

 

For 2 nd cargo  there is no export shipping docs available with Exporter. When their customs do not certify the export, then importers bank will object to it, ..there is no bill of entry for 2 nd cargo. Only physical installation photo is there. Customs will hold importer responsible for suppression of import. In Kerala  , a lot of litigation is going on gold import. So all are scared to admit it.


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