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Sad concept - very very urgent

Mohit (CA) (755 Points)

15 April 2012

Hi all,

Can some one explain me in simple words the concept of Special Additional Duty (SAD) wrt Customs i.e when you are importing Machinery? I am on an audit of a company that imports machines from Germany and while Purchase vouching I have come across this term for the first time. So could some one please explain the concept as in what is SAD how this SAD works?

Thanks

Mohit

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CA. Abhishek K. Pandey (Manager (Advance)) (901 Points)
Replied 15 April 2012

SAD is the duty which is leviable on the imports in addition to yhe regular duty. There are various types of SAD, like equivalent to excise, vat duty or CVD etc.

Please mention the type of SAD which you have saw, so that, that can be clarified.

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Mohit (CA) (755 Points)
Replied 15 April 2012

Thanks Abhishek... But still I am not clear with the concept... If you could give me some simple example wrt this.

piyush.a.k (-) (252 Points)
Replied 15 April 2012

when you buy any goods in india from indian manufacturer than a tax is levied in name of VAT or sales tax. but when you import the same than such duties are not levied in vat or sales tax. To over come this and to levy a tax on such import a duty in name of Special Additional Duty (SAD) is charged which is equivalent to our local taxes like vat or sales tax.

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piyush.a.k (-) (252 Points)
Replied 15 April 2012

it is to a maximum of 4 %. Hope you understand the concept behind the same. At the time of export a SAD refund can be claimed by the importer.

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GOPAL AGGARWAL (DOING NOTHING) (1339 Points)
Replied 15 April 2012

MOHIT PLEASE GO THROUGH THE LINK GIVEN BELOW

WHICH WILL DEFINITELY HELP YOU TO UNDERSTAND THE 'SAD'

Type of Customs Duties

Basic customs duty

Basic customs duty levied u/s 12 of Customs Act is generally 10% of non-agricultural goods, w.e.f. 1-3-2007.

Countervailing Duty (CVD)

· CVD equal to excise duty is payable on imported goods u/s 3(1) of Customs Tariff Act to counterbalance impact of excise duty on indigenous manufactures, to ensure level paying field.

· CVD is payable equal to excise duty payable on like articles if produced in India. It is payable at effective rate of excise duty.

· General excise duty rate is 10.30% w.e.f. 27-2-2010 (10% basic plus 2% education cess and SAH Education cess of 1%).

· CVD is payable on assessable value plus basic customs duty. In case of products covered under MRP provisions, CV duty is payable on MRP basis as per section 4A of Central Excise.

· CVD can be levied only if there is ‘manufacture’.

· CVD is neither excise duty nor basic customs duty. However, all provisions of Customs Act apply to CVD.

Special CVD

Special CVD is payable @ 4% on imported goods u/s 3(5) of Customs Tariff Act. This is in lieu of Vat/sales tax to provide level playing field to Indian goods. Traders importing goods can get refund. CVD is not payable if goods are covered under MRP valuation provisions/

Education Cess

Education cess of customs @ 2% and SAH Education cess of 1% is payable.

Total duty

Total import duty considering all duties plus education cess on non-agricultural goods is generally 26.85%

Other duties

NCCD has been imposed on a few articles. In addition, on certain goods, anti-dumping duty, safeguard duty, protective duty etc. can be imposed. Cess is payable on some goods imported/exported.

Safeguard duty

Safeguard duty can be imposed if large imports are causing serious injury to domestic industry. In addition, product specific safeguard duty on imports from China can be imposed.

Anti dumping duty

	Antidumping duty is leviable u/s 9A of Customs Tariff Act when foreign exporter exports his good at low prices compared to prices normally prevalent in the exporting country.
	Dumping is unfair trade practice and the anti-dumping duty is levied to protect Indian manufacturers from unfair competition.
	Margin of dumping is the difference between normal value (i.e. his sale price in his country) and export price( price at which he is exporting the goods).
	Price of similar products in India is not relevant to determine ‘margin of dumping’.
	‘Injury margin’ means difference between fair selling price of domestic industry and landed cost of imported products. Dumping duty will be lower of dumping margin or injury margin.
	Benefits accruing to local industry due to availability of cheap foreign inputs is not considered. This is a drawback.
	CVD is not payable on antidumping duty. Education cess and SAH education cess is not payable on anti-dumping duty.
	In case of imports from WTO countries, antidumping duty can be imposed only if it cause material injury to domestic industry in India.
	Dumping duty is decided by Designated Authority after enquiry and imposed by Central Government by notification. Provisional antidumping duty can be imposed. Appeal against antidumping duty can be made to CESTAT.

Calculations of customs duty

General customs duty rate for non-agricultural goods s 10%. Total customs duty payable w.e.f. 27-2-2010 is 26.85% as excise duty rate is generally 10%

Assessable value = CIF Value of imported goods converted into Rupees at exchange rate specified in notification issued by CBE&C plus landing charges 1% (plus some additions often arbitrarily and whimsically made by customs).

Calculation of customs duty payable is as follows -
		Duty %	Amount	Total Duty
(A)	Assessable Value Rs		10,000
(B)	Basic Customs Duty	10	1,000.00	1,000.00
(C)	Sub-Total for calculating CVD '(A+B)'		11,000.00
(D)	CVD 'C' x excise duty rate	10	1,100.00	1,100.00
(E)	Education cess of excise - 2% of 'D'	2	22.00	22.00
(F)	SAH Education cess of excise - 1% of 'D'	1	11.00	11.00
(G)	Sub-total for edu cess on customs 'B+D+E+F'		2,133.00
(H)	Edu Cess of Customs – 2% of 'G'	2	42.66	42.66
(I)	SAH Education Cess of Customs - 1% of 'G'	1	21.33	21.33
(J)	Sub-total for Spl CVD 'C+D+E+F+H+I'		12,196.99
(K)	Special CVD u/s 3(5) – 4% of 'J'	4	487.88	487.88
(L)	Total Duty			2,684.87
(M)	Total duty rounded to	Rs		2,685

	Notes – Buyer who is manufacturer, is eligible to avail Cenvat Credit of D, E, F and K above.
	A buyer, who is service provider, is eligible to avail Cenvat Credit of D, E and F above. .
	A trader who sells imported goods in India after charging
	Vat/sales tax can get refund of Special CVD of 4% i.e. ‘K’ above

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GOPAL AGGARWAL (DOING NOTHING) (1339 Points)
Replied 15 April 2012

Central Excise primer	Customs Law primer	Income Tax primer	Central Sales Tax primer
Labour Laws primer	Economic Laws primer	Corporate Laws primer	Service Tax primer
General Laws primer	Students Special	Some useful sites	Mr Datey's Books