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CA Final · Indirect Tax Laws · Warehousing

Orion Foods Ltd. warehoused 1,000 cartons under a bond. It transferred 400 cartons to Sharma Distributors, a different person, and cleared the remaining 600 for home consumption after paying all dues on them. Sharma Distributors has executed no bond. Based on sections 59(5) and 73, which statement is correct?

Sharma must execute its own bond and furnish security under section 59(5). Orion's bond can be cancelled under section 73 only once the whole of the goods are cleared, exported, transferred or duly accounted for and all dues are paid. Partial clearance alone does not discharge the bond.

  1. AOrion's bond is cancelled because the goods are accounted for, and Sharma needs no bond
  2. BSharma must execute a bond as per section 59(1) or (2) and furnish security, and Orion's bond can be cancelled only when all goods covered are cleared, exported, transferred or duly accounted for and all dues are paidCorrect
  3. COrion's bond is cancelled at once because 600 of 1,000 cartons are cleared
  4. DSharma may rely on Orion's bond, and no security is needed

Explanation

Under section 59(5), a transferee of whole or part of the goods must execute a bond as under 59(1) or (2) and furnish security under 59(3). Section 73 allows cancellation when the whole of the goods have been cleared, exported, transferred or otherwise duly accounted for and all amounts due are paid. Here the 400 cartons are transferred and the 600 are cleared with dues paid, so the whole is accounted for, but Sharma still needs its own bond. Option A wrongly says Sharma needs no bond, and option C wrongly cancels on partial clearance.

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