Refund of cvd 3(5)

This query is : Resolved

CA Mandeep Singh (Querist)
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20 August 2015 Dear expert,
I am a newly qualified ca of may 2015 attempt.
i am working in a chandigarh based company. company is importing lenses from chaina and then with the help of india based other material they made the 3D glasses.
i.e. lenses' shape is changed/Unidentifiable as final product of this chandigarh company is known as 3D glasses
and 3d glasses are being sold undr vat/cst as applicable.
Now can this company claim the refund of CVD 3(5) paid on import of lenses? but as I told original lenses' shape is gets changed with newly formed 3D glasses. On ultimate final sale of 3D glasses
Excise is not there as sale value is <1.5 crore but vat cst is being paid by company.

Qus: can this seller company of 3D glasses claim the refund of CVD 3(5) paid on import of lenses from china? if yes then what is procedural part?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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26 August 2015 refer to custom Custom Notification No. 102 Dtd 14.09.2007,4% SAD Refund is refundable to the importers who sold imported goods without changing identity of Goods, subject to fulfillment the conditions and procedures laid down by GOVT.

Regards,

CA Mandeep Singh

CA Mandeep Singh (Querist)
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26 August 2015 MEANS THERE will be no refund of cvd 3(5) to the company??
and cvd 3(5) will form part of the cost of 3D glasses??

Thanks very much sir in anticipation.

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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26 August 2015 as far as i understand this is malpractice by importer.

in view of above , Special Additional Duty refund can be claimed by importers who imported goods into India and sold them as it is i.e. goods didn’t lose their identity.Special Additional Duty Refund must be claimed within one year from payment of Special Additional Duty i.e. date of TR6 Chalan of corresponding BOE.