Refund of special cvd i.e sad

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 January 2013 as we are into the manufacturing of exempt goods under excise. we import Raw material, capital goods and other consumable. and pay special CVD i.e SAD which we wont get any set off as the excise is exempt and we also cant take set off from VAT we pay as its not allowed.
so my question is how can we get the refund of this SAD?
there are many notification in case of trading and textile business but we are not into this business.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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23 January 2013 Imports into India are charged with a Special counter veiling duty known as Additional Custom Duty (or Special Additional Duty – popularly known as SAD ) 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 to give level playing field to domestic industry.

This 4% SAD is refundable to the import traders i.e. who sold their goods in India without changing identity of goods in pursuance of Notification No. 102/07-Custom Dt. 14.09.2007 subject to fulfilment of various conditions and procedure as laid down by government in various subsequent circulars, instructions and public notices.