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Claiming back of 4% SAD paid when refund is not asked for

harish mehta (Importer & Supplier) (26 Points)

22 December 2007

Dear Club Members,

Pls any body clarify that if I am claiming back 4% SAD paid from my buyers of imported items and not claiming 4% SAD refund from Custom authority is right or wrong.

I am collecting CST/VAT on sale value of goods from the buyer and paying it to Tax Authority.

Is my claiming back of 4% SAD paid from cutomer is valid in eye of law?

I am raising sale invoice as per Format given in Central Excise Law , giving full details of Bills Of Entry Number, CVD and SAD paid and claiming back the same from the buyer.

Reply from memebers or any body will be highly well come.

Harish Mehta

91 22 26732443

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10 Replies

(Guest)

Dear Mr. Mehta, You are eligible to claim refund of SAD alongwith custom duty at the time of importing, but u need to confirm that it must be paid and your final product must not be exempt from vat and it must also be raised in sales invoice, the same must be collected from the buyer and subsequently paid to Govt. Account.

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(Guest)

Mr. Mehta, You are eligible to claim refund of SAD at the time of importing, but u need to confirm that it must be paid and your final product must not be exempt from vat and it must also be raised in sales invoice, the same must be collected from the buyer and subsequently paid to Govt. Account.

(Guest)

Mr. Mehta, So far you do not go for refund, you can claim the SAD from the customers. I think this exemption is for the benefit of FMCG/retail market commodities where end user is burdened with SAD and VAT/CST both. If you supply to manufacturers then manufacturers are able to claim it through CENVAT hence double taxation is avoided. I hope this scheme is optional and the refund can be claimed either from the govt or from the customers. In any case it should not be claimed from both.

(Guest)

Originally posted by :Guest
"	Dear Mr. Mehta, You are eligible to claim refund of SAD alongwith custom duty at the time of importing, but u need to confirm that it must be paid and your final product must not be exempt from vat and it must also be raised in sales invoice, the same must be collected from the buyer and subsequently paid to Govt. Account.	"

(Guest)

Expert in 4% Sad Refund if u have any Quariry Related to 4% Sad Refund than Contact to me Mb. 9811151906 Fees Aplicable

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(Guest)

Originally posted by :Guest
"	Expert in 4% Sad Refund if u have any Quariry Related to 4% Sad Refund than Contact to me Mb. 9811151906 Fees Aplicable	"

hello Pardeep pls tell me how can i get 4% sad refund

DKJ (Manager) (29 Points)
Replied 27 February 2010

Originally posted by : harish mehta

Dear Club Members,
Pls any body clarify that if I am claiming back 4% SAD paid from my buyers of imported items and not claiming 4% SAD refund from Custom authority is right or wrong.
I am collecting CST/VAT on sale value of goods from the buyer and paying it to Tax Authority.
Is my claiming back of 4% SAD paid from cutomer is valid in eye of law?
I am raising sale invoice as per Format given in Central Excise Law , giving full details of Bills Of Entry Number, CVD and SAD paid and claiming back the same from the buyer.
Reply from memebers or any body will be highly well come.
Harish Mehta
91 22 26732443

Mr. Harish

Imports into India are charged with an Additional Duty of Customs (or Special Additional Duty – 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.

The SAD can be taken CENVAT credit of by the manufacturers. However the import traders do not have the same facility (if they are selling to non-manufacturers). This 4% SAD is refundable to the import traders in pursuance of Notification No.102/2007-Customs dated 14.9.2007 subject to fulfillment of various conditions and procedure as laid down in various subsequent circulars, instructions and public notices.

The procedure involves filing of number of documents which needs to be checked for internal consistency and inter-correlation to make sets of claims. There are detailed criteria of filing claims bill of entries basis, monthly basis etc which requires extensive analysis of the documents and understanding of the commercial and taxation aspects of the supply chain.

IF YOU REQUIRE CERTIFICATE FOR CLAIMING REFUND OF SAD , CONTACT 9810092750