Claiming of sad

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 December 2012 Dear sir
actually i am working in a service sector my company people are importing some goods and they are paying special additional duty on them the thing is, they are using the goods in the services what they are providing, and there is no resale and they are paying VAT on the goods, whether the company can claim refund of sad or the company can avail the sad as input credit against service tax payable by them. if both the options are not possible what is the better treatment for sad, if they charge it on service the cost of services will be more it will effect the company. So please tell me the solution for my problem as early as possible

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 December 2012 you may compliance :

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

Notification No. 102/2007-Customs

New Delhi, the 14th September, 2007

G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India for subsequent sale, from the whole of the additional duty of customs leviable thereon under sub-section (5) of section 3 of the said Customs Tariff Act (hereinafter referred to as the said additional duty).

2. The exemption contained in this notification shall be given effect if the following conditions are fulfilled:

(a) the importer of the said goods shall pay all duties, including the said additional duty of customs leviable thereon, as applicable, at the time of importation of the goods;

(b) the importer, while issuing the invoice for sale of the said goods, shall specifically indicate in the invoice that in respect of the goods covered therein, no credit of the additional duty of customs levied under sub-section (5) of section 3 of the Customs Tariff Act, 1975 shall be admissible;

(c) the importer shall file a claim for refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer;

(d) the importer shall pay on sale of the said goods, appropriate sales tax or value added tax, as the case may be;

(e) the importer shall, inter alia, provide copies of the following documents alongwith the refund claim:

(i) document evidencing payment of the said additional duty;

(ii) invoices of sale of the imported goods in respect of which refund of the said additional duty is claimed;

(iii) documents evidencing payment of appropriate sales tax or value added tax, as the case may be, by the importer, on sale of such imported goods.

3. The jurisdictional customs officer shall sanction the refund on satisfying himself that the conditions referred to in para 2 above, are fulfilled.

F.No. 354/129/2007-TRU

(S.Bajaj)

Under Secretary to the Government of India

must read:
http://www.cbec.gov.in/excise/cx-act/notfns-2012/cx-nt2012/cent28-2012.htm