Refund of additional duties of customs

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

04 July 2015 Dear Expert,

There is a company which is into direct import of foreign liquor, and also purchase of imported liquor under a bond.

The final liability for payment of custom duty is on the said company. There is a charge of additional duty @ 4% over and above the basic duty of 150% of assessable value.
Goods can be sold only after the payment of the said duty.

The company has already paid an amount of 3.6 Crores as total custom duty till 30th June 2015 (for 1st quarter), and an amount of 15 crores in the last FY 2014-15 as total custom duty.

Came to know about the notification no.102/2007 Customs, allowing refund for additional duties of customs paid.

Request for assistance of the procedure and allowance for refund in this case (if applicable).

Thanks

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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06 July 2015 The refund claims are covered under Section 27 of Customs Act, 1962, which dwells in detail as to how the refund claims are to be considered for sanctioning to the claimants.

The refund application has to be filed within one year from the date of payment of Customs duty i.e. within one year of TR 6 Challan date. Only one refund application for one importer in a month is permitted. The application filled in all respects has to be submitted to TA/CRC-II of JNCH and obtain a dated acknowledgement.

Required Documents for 4% SAD refund Submit in Customs port where you have imported the items
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1. Refund Application (Part-A, B & C) as per Public Notice No.91/95 dated 06.06.95 and proper proforma with declaration
2. Duplicate Bill of Entry (Importerâ€™s Original Copy) with copies of invoice and Bills of Lading
3. Original TR-6 challan for payment of Customs duty.
4. Original Sales Invoices, alongwith list containing Invoice No., Date, Amount of ST/VAT paid on imported goods for which Refund is claimed.
5. Calculation / Worksheet (Annexure-A) as per Public Notice No.43/2008 dated 06.06.2008
6. Self Declaration (Annexure-B) as per Public Notice No.43/2008 dated 06.06.2008
7. All original challans evidencing payment of Sales Tax /VAT with detail of invoices-(Annexure-C) as per Public Notice No.43/2008 dated 06.06.2008
8. Original Chartered Accountant Certificate (Annexure-D) as per Public Notice No.43/2008 dated 06.06.2008 and 04/2009 dated 02.02.2009.
9. All relevant documents to substantiate their claim for â€œUnjust enrichmentâ€.
10. All documents as per Public Notice No.40/2008, 43/2008, and 04/2009 as applicable.