• Interstate transfer of goods for job work

Hi
I (x) am a maufacturer and i need to send some furniture components from Haryana to an independent firm (y) at Delhi  for fitting and finishing (jobwork) and then supply to a company (z) at CST (billing from Haryana to Delhi).
I need an "how to" advice on interstate transfer of goods for jobwork.
Also if, the flow of transfer of goods is x to y (for jobwork) to z for final sale, i need to know if it would be legal to supply the goods directly from y to z after the jobwork as both y and z are in Delhi and x is in haryana.
Please advice on the above and also highlight if i am missing something.
Thanks
Asked 1 year ago in Business Law from Rohtak, Haryana
1. Have you entered into a bilateral or tripartite contract with Y or Y & Z? Who has been entrusted with the task of supply to Z?

2. The chain of supply has to be the one laid down in the contract. 

3. I think what you are missing is an executable contract. 
Ashish Davessar
Advocate, Jaipur
18884 Answers
473 Consultations
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1) it would be necessary to fill in declaration in form F for inter state transfer of goods for processing or goods received after processing 

2) Section 6 A of CST act makes it mandatory to fill in form F for  transfer of goods from state which have taken place other wise than by way of sale 

3) SC has upheld judgement of Allahabad HC in the case of Ambica steel v/s state wherein it was held that necessary to fill in declaration in form F for inter state transfer of goods for processing or goods received after processing 
Ajay Sethi
Advocate, Mumbai
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1333 Consultations
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you can rent a warehouse in delhi for storage of goods .section 6A provides that no central sales tax is leviable in case of inter state stock transfer . if however you had pre existing agreement for sale of goods so transferred CST would be levied 
The burden of proving that the movement of those goods was occasioned NOT by reason of
sale shall be on the dealer transferring the goods to his branch.  For this
purpose, he may furnish Form F to the assessing authority, within 3 months from the end of
the period to which such form relates obtained from the principal officer of the other place of
business, or his agent or principal. 
Ajay Sethi
Advocate, Mumbai
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1333 Consultations
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1. Since the volume of goods is high which will be accepted over a period of 2 months you should execute a contract to safeguard your legal interests.

2. The Haryana registration of the manufacturer does not prevent you taking on rent a warehouse in Delhi.
Ashish Davessar
Advocate, Jaipur
18884 Answers
473 Consultations
5.0 on 5.0
1. You can send the components from Haryana for job work to Y at Delhi,

2. After the jobwork ia over, Y can deliver the finished goods to Z against challan,

3. You can raise Invoice from Haruana on Z enclosing copy of the challan as proof of delivery thus affecting interstate sale charging CST. 
Krishna Kishore Ganguly
Advocate, Kolkata
12733 Answers
263 Consultations
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1. You are not required to apply for TIN for hiring a warehouse for storing your goods coming out of Y's unit at Delhi,

2. You can hire a warehouse at Delhi by registering yourself with Shops and establishment department but without registering with Commercial Tax Department,

3. Alternatively, you can ask Y to hire a warehouse claiming the rent from you.
Krishna Kishore Ganguly
Advocate, Kolkata
12733 Answers
263 Consultations
5.0 on 5.0

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