Until Form 38 was introduced, manufacturers and distributors utilized Form 31 to import goods and export across states. Upon the disposal of Form 31, Form 38 was presented.

Very much like the limits between the nations and the rules to import and export goods across these borders, there are likewise limits between the states in a country.

FORM 38

Form 38 is introduced by Commercial Tax Department. It is a road permit for Uttar Pradesh state. Individuals or partners who are interested in starting their trade businesses have to mandatorily fill the form for importing goods in the state. Form 38 is essential if any material has to be transferred from Delhi to Uttar Pradesh or Haryana.

Before the introduction of Form 38, the traders and businessmen were utilizing Form 31 to import goods and do trading across states. In any case, with the termination of Form 31, the introduction of Form 38 emerged. Dissimilar to Form 31, nobody can get to and download this. It must be filled and submitted to the Department. And furthermore ought to require the fundamental authorizations for the equivalent. It gives the additional advantages of the safety of the information and openness. Getting a printed copy of the form is only possible from the Commercial Tax Department, and it can’t be downloaded straight by anybody.

All the companies including Private limited companies, Limited liability partnerships,s and unlimited companies which are registered under the companies act, 1956 can fill up this form. Form 39 is also used for the same purpose by the main difference between Form 38 and Form 39 is that form 38 is used for commercial shipments whereas form 39 is used for non-commercial shipments.

Various details are to be filled in Form 38 which include :

  1. Company’s registration number
  2. Applicant(s) name
  3. Signatures
  4. Date
  5. Residential and Professional Addresses

It is important to fill in all the details correctly otherwise the individual might also get punished.

Form 38 and Form 39 are utilized in comparative conditions. They are sales tax forms and are markets in 3 sections like a unique, copy, and three-fold. The sales tax division holds the original parts of forms 28 and 29 at the state check post. This is checked at the time of entry hour and a copy of the duplicate is sent alongside the representative during shipment. The department holds the other third-part by the shipper Form 38 and 39 road permit. They are issued by the sales tax authority. The representative gets the forms marked and stamped from the Sales Tax Department. If not signed or stamped. Form 39 is known to be valid for only one month.

The third part is to be held by the shipper Form 38 and 39 road permits are given by the concerned sales tax authority as it were. Form 39 is valid for one month in particular and the equivalent is referenced on the form. The agent gets the forms both marked and stepped. If not marked, the forms are viewed as invalid. The forms ought to likewise have the signature and stamps of both shipper and representative. Something else, the forms will get dismissed at the check post. Consequently, the goods won’t be permitted to enter the state. There is likewise a punishment demanded on the products in case they are observed to be underestimated. The punishment will be up to 40% of the actual value of the products. The recipient pays the installment either to correct the receipt worth to get the punishment postponed or while clearing the shipment.

Conclusion

The commercial tax department has mandated Form 38 for the trading of goods. This form will not only help in regulating trade but will also help in eradicating illegal trading. It will also help in prevention from misuse of trade.

Also Read,

Ind AS 115: Revenue From Contracts With Customers

Section 269ST of Income Tax Act