Spl addl Duty claimable

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

28 January 2011 The assessee paid SAD 4% on imported toys during APR - Oct 2010. i heard the SAD reclaimable facility withdrawn since March 2010. is it so? or the assessee are eligible to claim the refund? plz provide circular

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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29 January 2011 Imports into India are charged with an Additional Duty of Customs (or Special Additional Duty – SAD as is popularly known) at the rate of 4% and is leviable under sub-section (5) of Section 3 of the Customs Tariff Act, 1975. This is charged on the total value of imports including CIF + Basic Customs duty + CVD. This duty is to countervail sales tax leviable on the sale of goods in India.

The SAD can be taken CENVAT credit of by the manufacturers. However the import traders do not have the same facility (if they are selling to non-manufacturers). This 4% SAD is refundable to the import traders in pursuance of Notification No.102/2007-Customs dated 14.9.2007 subject to fulfillment of various conditions and procedure as laid down in various subsequent circulars, instructions and public notices.

Querist : Anonymous

Querist : Anonymous (Querist)

29 January 2011 ok sir, but i heard the reclaimbale was withdrawn since mar 2010. is that true? can u provide the circular if any? but many say its still applicable in case of certain spl products. need clarity on the same

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 January 2011 thx experts....

deai author this is incorrect , CBEC also sanctioned and updated their website LINK IS :-

http://www.cbec.gov.in/refund-rebate/12/refund-zonewise-1210.htm

Querist : Anonymous

Querist : Anonymous (Querist)

29 January 2011 the issue i am asking is its not abt pending refunds. Assesssee paid CVD for fy 2010-11 CY few imports. can he claim refund now? many said the option to claim refund of CVD is withdrawn w.e.f march 2010

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 January 2011 CBEC HAS NOT ISSUE ANY CIRCULAR / NOTIFICATION / PUBLIC NOTICE OR INSTRUCTION IN THIS REGARDS SO FAR.

Regards,

Querist : Anonymous

Querist : Anonymous (Querist)

29 January 2011 ok sir...thank u may be i was misguided by some sating so. can u help me which is the best site to keep update on excise & customs...newsletters regular updates like such

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 January 2011 THX AUTHOR FOR APPRECIATE .

YOU ARE REQUEST TO PLEASE ALSO PUT UP UR QUERIES IN THIS CLUB EMINENT MEMBER WILL ASSIST YOU.
THANKS AGAIN..............

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