15 September 2012
we are traders, importing material on which we are paying additional import duty (S.A.D.) of 4%, apart from basic duty (10%) and CVD (12%).
We resell these goods, without modification, to our customers who are users. Some of them avail CENVAT benefit of the CVD+Additional duty amount. However, most of them do not avail this refund.
I charge my customers appropriate VAT/CST sales tax amount on invoiced price.
Can i avail refund of the 4% additional duty against the VAT/CST sales tax amounts that i am filing in my returns?
If so, what would be the procedure.
Or is there any other way in which i can get refund benefit of this 4% S.A.D. ?
15 September 2012
In my openion, set off of SAD against sales tax/Vat is not permissible since the amount of SAD goes to central govt(CBEC) and Sales tax is paid to state govt. SAD is like inter state purchase and even department is separate from sales tax.
Thanks for the quick reply. I did go thru the notification that you have mentioned above.
What i understand - there it says that if i am not passing on the CENVAT benefit of the additional 4% in my invoice to my customer, and that i am levying VAT/CST as applicable, i can file for refund of additional duty 4% with the jurisdictional custom officer
That is to say, i can claim refund of additional duty 4% from the customs officer
15 September 2012
Yes.. you are correct. You will have to collect sales tax/Vat, as the case may be, on the invoice and the SAD should not be passed to the buyers. In short, the trader shall sell the goods on retail basis and no credit of any duty under customs will be passed to the buyers.
The refund has to be claimed within a year from the payment of SAD. There will be loads of documentation involved in this procedure
CAclubindia
