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Refund of Special Additional duty - notification 102/2007

Ashish (director) (36 Points)

25 September 2007

The Minisitry of finance has announced that the Special Additional duty of 4% will be refunded against evidence of paying vat. The notification no. is 102/2007 dated 14th sept.

I want to know will the S.A.D. be refunded on the imported goods whch are in stock and on which the VAT is yet to be paid or just the goods imported after the Date of issuing Notifiction.

If only for the goods imported after the date of notification are sovered , then the goods in stock will become incomepetive in from of the new goods.

If someone knows about it , please give me some information

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60 Replies

Rashmi Agrawal (Accountant) (275 Points)
Replied 20 October 2007

S.A.D. will be refunded on the imported goods which are in stock and on which the VAT is yet to paid as well as on goods imported after the Date of issuing Notification.

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(Guest)

Thanks alot for ur reply. Can u also tell me some official notification or clarification issued by ministry of finance for this. I would be very oblidged if you could provide me this information

Rashmi Agrawal (Accountant) (275 Points)
Replied 20 October 2007

There is no offical clarification issued by the Ministry. But I have provided you with a copy of the official Customs Notification issued. I hope that it will clear your doubts. CUS NTF NO. 102/2007 DATE 14/09/2007 Exemption granted to Additional Customs duty on imported goods G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling within the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when imported into India for subsequent sale, from the whole of the additional duty of customs leviable thereon under sub-section (5) of section 3 of the said Customs Tariff Act (hereinafter referred to as the said additional duty). 2. 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 duties, including the said additional duty of customs leviable thereon, as applicable, at the time of importation of the goods; (b) the importer, while issuing the invoice for sale of the said 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 section 3 of the Customs Tariff Act, 1975 shall be admissible; (c) the importer shall file a claim for refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer; (d) the importer shall pay on sale of the said goods, appropriate sales tax or value added tax, as the case may be; (e) the importer shall, inter alia, provide copies of the following documents alongwith the refund claim: (i) document evidencing payment of the said additional duty; (ii) invoices of sale of the imported goods in respect of which refund of the said additional duty is claimed; (iii) documents evidencing payment of appropriate sales tax or value added tax, as the case may be, by the importer, on sale of such imported goods. 3. The jurisdictional customs officer shall sanction the refund on satisfying himself that the conditions referred to in para 2 above, are fulfilled.

Ashish (director) (36 Points)
Replied 20 October 2007

I have seen this notification and have discussed with some seniors also but all of them give a simple reply that since its not specified in the notofication for the goods imported before notification but sold later on will not be eligible for such refund. So i dont know how to get this clarified

Rashmi Agrawal (Accountant) (275 Points)
Replied 22 October 2007

Hello Mr. Ashish! I have verified with some of my seniors. They have opined that since it is not specified in the notification and there is no circular then it would not be eligible for such refund. But I would also advise you to send this query to the Customs Department on their official websites. May be they would help in geeting a clear idea.

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(Guest)

Hi Mr. Ashish I know refund of additional duty through your message in this site.Ashish can you explain where i will clame for refund of additional duty paid in customs.

(Guest)

Hi!, There is still no clarity who is the concerned officer. Actually there seem to be a lot of ambiguity in the department on this issue. No one seem to be knowing proper details about the subject. However as soon as i get some info , i will inform you.

(Guest)

Hi !, Mr.Ashish I want to in which dppt. i will clame either in DGFT or customs.

Rashmi Agrawal (Accountant) (275 Points)
Replied 03 November 2007

You can claim refund of additional duty from Customs Department.

holisticadvisory (Project & Finance) (44 Points)
Replied 04 November 2007

Holistic Advisory Services Pvt Ltd, is one of the top Consultancy Firm, with its Head Office at Guwahati, in the North Eastern Region (NER) of India. Any investor can set up a business in the North Eastern Region (NER) of India. The NER consists of eight states of India, namely; Assam, Meghalaya, Tripura, Arunachal Pradesh, Manipur, Mizoram, Nagaland and Sikkim. The Central Government and the concerned State Government gives a host of financial and other incentives to investors willing to set up business in the region. The major benefits available are: Capital Investment Subsidy Income Tax Exemption Central Excise Benefit VAT / CST benefit from certain State Governments Transport Subsidy on movement of finished goods and raw materials Working Capital Interest (Bank Loan Interest) Subsidy Comprehensive Insurance Subsidy The benefits are available to all industries (except a few non-eligible industries), host of service sector activities / industries, bio technology industries, power generating industries, whether new or those which go for substantial expansion, based any where in the NER. The Company has been promoted by qualified professionals and it has earned a good reputation amongst the bankers, financial institutions and government departments. Holistic Advisory Services Private Limited 2nd & 3rd floors, Sanmati Plaza Christian Basti, Opp: IDBI G.S. Road, Guwahati 781 005 Assam, INDIA Sources : https://holisticadvisory.com/

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(Guest)

Hi! Any one tall me what are the documents reqired by customs for refund of Additinal duty.

(Guest)

dearall I too collecting data in this reg. no proper message. please update me too. ALSO update me always with customs and excise and income tax notifications I am in Bangalore.