17 August 2012
hi , my query is regarding 4% SAD refund. one of the condition for claiming SAD refund is that sales tax must be paid on subsequent sale of goods in india. whether we can claim sad refund on goods which are exempt from sales tax????
17 August 2012
No admissible for get it from custom.
Customs circular no: 102 /2007 dated 14.09.2007
as amended by notification no: 93/2008-customs, dated 01.08.2008. As per the said notification the goods falling within the first schedule to the Customs Tariff Act, 1975, ( 51 of 1975), when imported in to India for subsequent sale, are exempted from whole of the Additional duty of customs leviable thereon under sub section (5) of sec-3 of the said Customs Tariff Act, subject to fulfillment of conditions stipulated therein.
Rules/ Documents in terms of notification no: 102/2007, cus, dated 14.09.2007, as amended by notification no:93/2008 dated 01.08.2008, read with Board Circular no:6/2008 – customs 28.04.08 ,16/2008- customs 13.10.2008, and 18/2010, by submitting the following documents:- 1. Bill of Entry - Original (Duplicate Copy for importers)
3. Invoices of sales of the imported goods in respect of which refund of the 4% Additional duty of customs is claimed.
4.Copies of VAT payment challans / returns evidencing payment of appropriate sales tax in respect of sale of imported goods covered under the above Bills of Entry.
5.Certificate from Statutory Auditor / Chartered Accountant for unjust enrichment fulfillment.
6.Self Declaration 7.Sales Summery
8.Copy of Import invoices.
9.Copy of Bill of Lading. 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 the duties, including said Additional duty of customs leviable thereon as applicable at the time of importation of the subject goods.
(b) The importer, while issuing the invoice for sale of 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 Sec3 of the Customs Tariff Act, 1975, shall be admissible.
( c ) The importer shall file a claim for the refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer before the expiry of one year from the date of payment of the said Additional Duty of Customs, with the customs office from where the imported goods are cleared .
(d) The importer shall pay on the sale of the said goods, the appropriate sales tax /or value added tax, as the case may be.
17 August 2012
thank you for your reply sir... but one of the condition is that d) The importer shall pay on the sale of the said goods, the appropriate sales tax /or value added tax, as the case may be.
dont you think if our goods are VAT free then we are paying appropriate tax and not violating this condition ?????
17 August 2012
thank you for your reply sir... but one of the condition is that d) The importer shall pay on the sale of the said goods, the appropriate sales tax /or value added tax, as the case may be.
dont you think if our goods are VAT free then we are paying appropriate tax and not violating this condition ?????
17 August 2012
as per circular no 06/2008 The exemption contained in the said notification envisages that the importer shall file a refund claim for 4% CVD (said additional duty of Customs) paid on imported goods and shall pay on sale of the said goods appropriate Sales Tax or VAT as the case may be. Hence, it is clear that there is no stipulation in the notification that the exemption is available only if the rate of ST/VAT is equal to or higher than the rate of additional duty of Customs; nor is there a condition that if the rate of ST/VAT happens to be lower than 4%, the refund would be restricted to the lower amount. As such, it is clarified that it will not be appropriate to reduce the refund amount in such a situation and the entire 4% CVD, if otherwise found eligible, shall be refunded.
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