A simple tutorial on high sea sale procedures and formalities in India

 The information provided here is part of Import Export course online


High Sea Sales - Procedures and formalities in India.

 Let us learn on this article - the procedures of high sea sales with a simple example below.

 

‘A’, an overseas seller supplies goods to ‘B’ an overseas buyer. Once after completion of necessary export procedures, A submits all necessary documents to his bank at seller’s place.

 

A simple tutorial on high sea sale procedures and formalities in India copy
‘B’, enters in to an agreement of sale with C under high sea sale, once after movement of goods from the territorial border of exporter but before arrival of goods at the territorial border of India.

 

B accepts documents from his bank which has been sent by A through his bank. If the payment terms with A and B are on sight LC or DP, B remits invoice value of goods to A before collecting documents from bank. Incase of credit arrangements with A, B remits invoice value of goods to A as per the arranged credit period. The Bill of Lading (or airway bill) is endorsed by B and transfers the title of goods in favor of C.

 

B prepares invoice to C in local currency ( INR ). B delivers endorsed original Bill of lading (or airway bill), his invoice in local currency along with import invoice, packing list, certificate of origin, insurance certificate and other necessary documents if any for import clearance duly endorsed. A retains a copy of all documents which he delivers to C.

 

C files Bill of entry along with other import documents delivered by A with customs authorities. C pays necessary import customs clearance charges with import duty if any. B can also under take customs clearance and delivery to C, if B does not want to know the actual contract price of A and B. In this case, B is filing documents on behalf of C to hide the selling price between A and B.

 

Once after completion of import customs clearance procedures, C delivers a copy of bill of entry to B. B files the said bill of entry and other copies of import documents and high sea sale documents with his bank.
 

You may click here to read other articles about High Sea Sales : Major Documents required under High Sea Sales,   How to hide invoice value of original contract under high sea sale transactions,   Can high sea sales possible under air shipment?,   Can high sea sale be effected more than two times?Is sales tax applicable on shipments effected under high sea sales?   How to check the time of contract on high sea sale transaction?  Documentation procedures on high sea sale.   Yes, I am sure, once after going through that articles you will have a good knowledge about High Sea Sales under International business. 


Do you wish to add more information about this subject – High Sea Sales?

Write below your experience and thoughts about High Sea Sales.

Comment below about High Sea Sales.

 

 

 

The above information is a part of Online Export Import course 


Other post about import export cauching

 

 
How to hide invoice value of original contract under high sea sale transactions
Can high sea sales possible under air shipmentIs sales tax applicable on shipments effected under high sea salesHow to check the time of contract on high sea sale transaction.What is Third Party Exports? Difference between manufacturer exporter and third party exporter.  How to start Export Business?  How to get Export Orders? What are the risks and solutions in Export Business?  Click here to know India Trade Classification(ITC) Click here to know HS code of other product/commodity  Service Tax - Click here to read complete notification under Budget 2014  Running account facilities for bank export finance

Types of export containers
Measurement of export containers
Exim Policy of India 2015-20
MEIS, Merchandise Exports from India Scheme
SEIS, Service Exports from India Scheme
Merge your Commercial Invoice and Packing List for all your future exports
Export procedures and documentation

 

 Is Airway bill a documents of title?

 Is Customs House Agents (CHA ) required to be appointed mandatory?

 Is DP terms of payment safe in export business?

Is Letter of Credit LC safe for an Importer?

 Is ON BOARD CERTIFICATE required for LC negotiation
Maintain quality of goods - a prime factor in exports

Master collect House collect

 How does Letter of Credit work?

How does STP units work in India?

How does TT (Telegraphic Transfer) work?
Master Collect House Prepaid

Master prepaid House collect
Master prepaid house prepaid

 Material used for testing is eligible for Modvat

Mode of payments in international trade

Mode of transport under EX WORKS/FCA/CPT/CIP/DAT/DAP/DDP/FAS/FOB/CFR/CIF

 MSDS Material Safety Data Sheet

 Multiple Country Textile Declaration

Negotiation procedures and formalities of export bills

Non receipt of Cargo Arrival Notice, Can importer sue against shipping company

OBJECTIVES OF CUSTOMS CONTROL for EXPORT GOODS

OBL not released OBL not surrendered no telex release

 Office to contact Phytosanitary inspection in India

 Offices to obtain RCMC

Who can inspect import cargo in US

Who decides shipping carrier on FOB shipments

Who gets benefited with my articles in this website

Options under central excise clearance

Packing of export goods - How important in International business?

Parties in LC

 Payment procedures in Triangular exports

Payment terms

POD Proof of Delivery – How important in Imports

 Post export incentives

Refund of Input Tax Credit (ITC) of GST, FAQ
Migration procedures for existing VAT payers to GST online in India 
Refund of GST paid in India, FAQ
4 Conditions when applying for refund of Input Tax Credit (ITC) under GST
Enrolling an existing VAT taxpayers at the GST Common Portal 
Difference between types of goods and services and types of GST
4 types of Goods and Services in India for GST rate
Difference between IGST on International goods and IGST on domestic goods.
Navigation controls to enroll with GST in India for existing VAT payers in IndiaHow is IGST calculated under Imports?
How is IGST rate on imports treated?
How to register a Digital Signature Certificate under GST in India.GST and e-Commerce Business, FAQ
Definition of E-Commerce under GST
How to identify the steps in enrolment process of a tax payer at the GST common portal. 
TDS under GST, Frequently Asked Questions
Does Interest attract on GST Tax payment delay?
Step by step procedure to login with GST common portal in India
Mechanism of Payment of GST tax in India
Levy of late fee for GST Tax returns filing in India
I pay Service Tax on my services. But I am not sure how do I pay the new GST?
Notice to GST return filing defaulters
When to file Annual Return of GST online?

Click here to know GST rate on Goods and Services

GST Exemption list of goods and services

Find HSN number or Service tariff code for GST

GST registration guidelines

Indian GST Laws

How to export your goods?

Learn exports imports free of cost


Comments


David: I have read that sales tax on high sea sales are not applicable. so, in high sea sales, service tax will be liable or not by me if i am importer in india?

TAPrasanna: 1. Can there be more than one buyer (D,E,F....) to buy under HSS from the overseas buyer B? 2. Can the imported goods be moved to ICD and kept for longer period and then close the HSS? If yes, what maximum time limitation?

subhash bhattad: Pl clarify about High sea import of restricted item under the Import Licence. CASE : X imports restricted material. X is not holder of Import licence for restricted material. Material shipped on 1st August. Y is given a Import licence of the restricted item valid from 18th August. On 25th August Y enters in a High sea purchase agreement with X, for the material imported by X. CAN Y utilise his Import licence (valid from 18 August) for getting cleared the material shipped on 1st August ???

SUBHASH SHARMA : is High sea sales atract any service tax or lible to pay service tax if the same is made by a manufacturer

anil batra: How many buyer can be in a high sea sale agreement excluding seller.

Pabitra kumar: Can the Buyer give me a PO in USD for High Sea Sales Purchases. The buyer wants to write in PO the following... "Equivalent INR of USD."and the mention the USD value only Is this possible in India as per the laws of the land.

Atul Sabnis: Please explain a scenario wherein A (vendor) bills B (importer) on a single invoice & B undergoes a HSS agreement with C(Third Party - Local Customer) for delivery at multiple locations. Scenario 1 - Bill to One party, Ship to Multiple locations. Question : How many HSS agreements need to be made in this case ? How many inward invoice need to be made from the foreign supplier ? Scenario 2 - Bill to Multiple party, Ship to Multiple locations. Question : How many HSS agreements need to be made in this case ? How many inward invoice need to be made from the foreign supplier ? In case material is imported on a single invoice from the supplier, & we divert the imported goods to a Bonded Warehouse, can the goods be cleared under an HSS with annexure of multiple ship to addresses?

KAMLESH VYAS: Dear sir, I am a first stage dealer and i have got the central excise registration and import export code. At recently we have got the one purchase against the High Sea sales-purchase. My Query is at the time of purchase book (as per bill of entry reference)i.e. in bill of entry mentioned (1)BCD 7.5% (2)CVD 10%(3)CEC 2%(4)CS&HEC-1%(5)ADDL DUTY IMPORT 4%. Kindly guide us we have book the all entry i.e.s.no.1 tos.no.5 and when we will make the sales invoice we have pass the all duties i.e s.no. 1 to s.no.5 Thanking you, kamlesh vyas 932755 8850

Anil: Dear sir, Please explain if this transaction is exempted from sales tax - 'A' directly imports a material from 'B'(on advance Wire transfer), and supplying it to 'C'. 'C' placed order on 'A' for the same material & quantity much before the said material arrived India. 'A' ordered the material from 'B' for the sole purpose of selling it to 'C'. 'C' being a Defence Organisation floated tender and 'A' getting order .... much before any contract was established between 'A' & 'B'. This exemption is claimed on the turnover by citing the case law of State of A.P. Vs Blue Star Ltd. 96, STC – 374 (H.C) and State of Maharashtra Vs Embee Corporation –107, S.T.C 196 (S.C) read with the section 5 (2) of the C.S.T Act and Section 5 (b) of the A.P. Value Added Tax Act, 2005, as transaction from Import sales (High Sea Sales). Please look into the Court cases and suggest. Thank you.

Ronald Dias: Is high sea sales possible for an overseas buyer (C in this example) instead of an Indian Buyer. if so what are the formalities. thanks.

patchaippan: i required details on high sea sales

Krishna: Hi I'm a SAP SD consultant, is there any way or notes on how to map this scenario in SAP. if yes please do send me on my email id.

Krishna: Hi I'm looking for the process mapping of High sea sales in SAP -ERP. Can anybody provide me the data related to mapping in SAP.

Praveen: i want to know accounting entry of high seas purchase in sap

Puneet Mittal : I want to know that is there any liability of TCS ( tax collected at source) or the highseas buyer can furnished 27(c) form or is there no need for any of the two. Please let me know if there is any case study or any judgement for this. Thks.

Keshvan: Is high seas export third country buyer is permitted under Export-Import Policy, RBI Rules ?

Manish Shukla: Sir / Madam PLz advise and explain, If we have already arranged the shipment as fcl from Chiwan to ICD TKD and shipment has also arrived at PIPAVA so can we change this shipment as "HIGH SEA SALES SHIPMENT". Kindly advise. Also plz explain. Thanks Manish Shukla

Sunny : Dear sir, please advice that whether we can clear two epcg licence against a single b/l.for e.g A creates a b/l against B. Now B sold the goods to C & D against epcg licence with b/l against B from A. Please advice urgently

L RAVI: Sir, Pl calrify whether ther can be a Purchase order or Letter of Award from the customer ( Ie., High Sea Sale Buyer) in India prior to entering int the High Sea Sale Agreement between HSS Seller & HSS Buyer. If so, pl explain how it can be ? Ravi

RDC: Example given is vague. Please make it more precise

UTTAM kUAMR: I just want to know whether 27 C form applicable against highseas sales or not ? Please clarify on this.

ROHIT: DEAR SIR, WHAT ENTRY IN THE TALLY ERP 9 OF C.

Peppino Fiori: Hi, I am thinking of importing ICUMSA 45 refined white sugar from INDIA into Italy; what documentation will I need from my Indian seller ??? Also, I am aware that INDIA enjoy special status towards the EEC regarding the sugar Tariff importation charges (it is exempt), will I have to show some special documentation regarding this ?? Thank you very much Peppino

Geetha: Sir, Can I have some RBI guidelines on high sea sales across the countries.

sunil kumar: Sir, There is a company located in India who imports from Germany against our order on HSS basis and we as B import the goods and export 100% material (as it is) to our client in Africa. Can you guide us complete procedure for above as currently we face lot of problem and abnormal delay in clearance of goods from Import desk and taking permission of re export inspite of full payment we receive in advance for export. Please guide us fully.

Intergrow Exim : Currently doing business in mumbai i am manufacturer of Bed Bugs Spray and i got good market for my product in local area. I am interest to supply my product to world market, being a fresher in export business i dont know how to write a sales promotion letter to foreign buyers. Can you give some ideas how to promote my product in foreign market and help me to get some sample sales promotion letters

Nakade Annasaheb: High seas sales mines import & export material but Import material in Indian no any indian taxes not applicable ???? excluding customs duty

Abhishek Bhardwaj: I don't know nothing about High Seal Sale.Actually I studied this article.I am totally satisfied from that ; and also satisfied from simplification of such article. Thanks For posting this articles.

Suyambulingam: Sir, One goods import by "A" from "B". Now the importer "A" and exporter"B" are related person.but "B" high sea sale to "C". now "C" filing bill of entry for the clearance of good.Now EDD(extra duty deposit ) are applicable for this shipment or not...

Sandesh: A ( India) receives PO for Kiosk from B (the buyer is in Europe ) -A places order on C (India ) and expects to ship Kiosk to C ( Outside India) -C ( India ) places order on D ( XYZ Company in China) to manufacture Kiosk and ask the D to deliver the Kiosk to B (buyer in Europe) from China without bringing the kiosk to India Please suggest documentation for us ( We are C )

Girish : We manufacture solar products/components in India. While selling to Indian buyers who are registered manufacturers we have to charge C.Excise duty. However our customers can import the same components from China duty free and also without cvd be I need solar products. I would like to know whether we can export the product to any SEZ from where the buyer imports it and wouldn't pay duty as he is manufacturer of solar panels.

M Ravi Shankar: is there can two agreement on HIghseas sale? A(Importer) make an HSS agreement with B and B in turn make an HSS agreement with C who is the end user In such case both the HSS agreements are valid

M Ravi Shankar: Can there be two High Seas Sale agreement. A-Importer will have a HSS agreement with B and in turn B will have an one more agreement with C the End user is this is ok

satish nair: Sir, Under HSS agreement are we bound to release the payment once the shipment is released by the foreign supplier? Can we make changes in the HHS agreement that the payment shall be made after receipt of material at buyers' premises? My local Indian supplier has agreed to accept this clause. But is it legally acceptable? Pl reply asap. Thanks & Regards satish

Ashok sahu: Dear sir can indian buyer "B" sale material to overseas buyer "c" on high sea sale Base

MANEESH: In the given example, if C is re-exporter or manufacturer, whether C will be entitled to get the duty drawback under Customs Law (in case or re-exporter), or duty drawback of CVD in case of manufacturer?

Rekha: In Heigh Sea Sale who pay DO charge?

Rahul Tiwari: Can any customer buying car under HSS may settle import duties in advance. For example - If vessel is docking in India port on 10April & customer wants to buy car within March.

jaidev: HI sir , i am stuck in some doubts and not knowing how to get the correct answer . i would want to import some goods and sell it here or to a know person locally . A is the seller( overseas ) , B is me and C is the original buyer ( locally) . In this case, can B do all the clearance and deliver the goods to C under high sea sale , where i just keep my margins in between . also is it really necessary to have the BL in C s name cant it be possible that I can have all the documents in my name and deliver the goods directly to C from the port after clearance

Suman Talwar : A customer (a big hotel), wants to import artificial grass. We import artificial grass. The customer has asked for a commercial offer for HSS to save duty. I will be grateful if you can inform me the pro & cons regarding this & how does this process work. Thank you Kind regards

Rajneesh Grover : I am based in Calgary Alberta Canada 2011 as permanent resident originally from New Delhi India and want to do high seas sale in India of teak logs from Brazil .I have company in India and Canada both. I have done simple imports/exports but not high seas sale .My main concern is to protect supplier identity from Indian buyer. If I sell at high seas what is the legal procedure to hide name of supplier from documents like PHYTO SANITARY CERTIFICATE ,COUNTRY OF ORIGIN ,FUMIGATION as these three documents will have supplier name .To my knowledge Invoice and packing list can be changed legally but how to control this issue. If you can guide me how to do high seas sale or any other option to do this trade I will be highly thankful to you.

Jayesh Chhajed : Dear Sir, We read your article on your website. We are Metal Trading Company selling the material to many clients in India. Since HSS Sale being a complicated process involving so many rules we kindly request you to please help us out by clarifying to below issues we have: 1) We are getting many consignments which we are selling on high seas sale basis in which there are extra quantities for our stock also in single b/l & invoice. although for big consignments we try to separate boxes & b/l, for smaller orders we cannot split quantities as mill don’t support. Is there anyother solution wherein we can sell part material on HSS and Balance we clear in our name? 2) We are clearing the HSS Sales Consignments Imported by us for our clients and giving them door delivery for same. Does the HSS Rule allow the same? 3) If we are selling the material on HSS Basis and the client asks us some re-packing of the material like PVC Coating can we do it on their behalf else they would not except the material? 4) If there is rejection in HSS How to proceed with taking back the material from client? 5) If there is excess supply in HSS and for that client returns the material how to go ahead with that case? 6) If Consignment received in Damaged condition by client in HSS Whose liability to contact the insurance company? 7) What is the main purpose of High Seas Sales….Isnt it meant only for core purpose of avoiding Sales Tax by the buyer from the Importer? Please help us out to above as we are not able to get answer from sources we have.

Ganny: Can we use a advance license (if iam party C) in above example.

P.S.Sundaram Advocate : Sir, You have not mentioned the Verified Gross Mass Weight Certificate for every export container in the list of documents required.

Rakesh Grover: Dear Mr Rajneesh Grover You can ask your company in India to Get the customs clearance themselves and Deliver the goods to the ultimate Buyer on HSS. In this way you can deliver the goods to HSS Buyer with the Indian Currency Invoice and the Duplicate Bill of Entry for their record as goods are imported in the name of HSS Buyer. In this way you are not required to pass on the Documents such as Country of Origin or other certificates to hide the information of original Supplier/Manufacturer. But being a internet era, anything or any information is traceable by way of marking or Brand / model etc mentioned on the actual goods under import.

Mahesh from Ahmedabad: My question... Can an Indian buyer, buy Indian product exported by another Indian supplier, from the foreign customer on high sea sales basis and sell it to a foreign buyer ?

MADAN LAL SINGLA ADVOCATE: HIGH SEAS SALE PROFIT IS SPECULATIVE INCOME OR NOT

Rajinder Choudhary: To Ganny: Of course, you can use advance license to clear goods bought on high seas sale.

Rajinder Choudhary: High Seas Sale profit is not speculative income. It is a regular business to import and sell to those who need goods quicker.

Discussion Forum

You can also share your thoughts about this article.
Any one can answer on question posted by Readers