THE Customs Notification 102/2007 dated 14.9.07 providing for exemption of 4% Special Additional Customs Duty leviable in terms of Section 3(5) of Customs Tariff Act 1975 in respect of goods imported for sales as such, by the importers to others was purportedly issued to provide a level playing field to traders vis-à-vis manufacturers who do not pay local sales tax / VAT while importing goods directly for their own use and to remove the burden of double tax on such type of importers as held by Hon’ble Gujarat High Court under 2014 (299) ELT 263 (Guj.) CCE Vs. POSCO INDIA DELHI STEEL PROCESSING CENTRE P. LTD.
The exemption/procedures 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.
(f) the time limit for filing refund is 1 year from payment.
The jurisdictional customs officer shall sanction the refund on satisfying himself that the conditions referred to in para 2 above, are fulfilled.
Check List of Documents:
1. Form of Refund Application
2. Calculation / Worksheet for refund
3. Self Declaration/ undertaking
4. All original challans evidencing payment of Vat with details of invoices.
5. Original Charted Accountant Certificate
6. Duplicate Bill of Entry (Importer’s Original-Copy)
7. Original TR-6 Challan for payment of Custom Duty.
8. Copies of purchase invoice & bill of lading.
9. List containing invoice nos. & amount of VAT/CST paid on imported goods for which refund is claimed.
10. Authority Letter.
11. Copy of notification No. 102/2007-Customs dated 14.09.2007
12. Original VAT/CST deposited certificate issued by the VAT Department.
13. Self attested photocopy of Agreement in case of High seas sales (if any).
14. Self attested Duplicate/Carbon Copies of Sales Invoices (B/E No. must be mentioned on the Sales Invoices and following stamp must be their on the sales invoices)
“NO CREDIT OF THE ADDL. DUTY OF CUSTOMS LEVIED UNDER SUB SECTION (5) OF SECTION 3 OF THE CUSTOMS ACT 1975 SHALL BE ADMISSIBLE”
The procedures and clarification can also be sought from Circular No. 16/2008 Cus dated 28.04.2008 & 6/2008 Cus. dated 13.10.08. The refund is also admissible on ‘DEEMED SALE’ subject to satisfaction and litigation. Also, It depends upon the satisfaction of issuing authority.
(Rishi Chanan, Advocate, Mob:-098158-28244)
iam a accounts manager of mftr unit
i need to claim my SAD which is not claimed earlier.
SAD period exceeds 1 year more, kindly suggest us how can i move further
Any one has contact of details of CA, who can handle SAD refund in Visakhapatnam, Andhrapradesh?
Please send the details to my email: durgabizi@gmail.com
Thanks.
DATE : 19.11.15
DEAR SIR,
I AM MERCHANT EXPORTER AND IMPORTER FOR AGRO COMMODITIES AND ALSO WE ARE CONSULTING DGFT LICENCES.
REGARDS,
GAJANAN : 9004902970
DGFT / Customs Consultant/Sad Refund Specialist.
rgds
AKSHAY VYAS
90160 69419
Dear All,
kindly advice whether for SAD refund, the amount of SAD refund should be shown in our Balance Sheet as Provisional to be receivable.
regards
Vaidyanathan
dear sir,
what do u mean by DEEMED SALE in in SAD refund???
call me for sad refund akshay vyas 9016069419
pls contact me if any sad regarding work for ahmedabad.
axay.vyas@gmail.com 90160 69419
Contact us for SAD / Excise / Service tax Refund claim in Pune.
Cell – 80555 66789
email – amitbhutada@outlook.com
please any buddy explain what is mean RD refund ?
hello, everyone,
if you guys take licence from Legal metrogoy and your product comes under prepakakaged good intened for retail sale, u r fully exmepted from Sad duty, no need to pay sad duty then
Contact 9029398581 (Chintan Shah) for SAD refund in Mumbai / Delhi / Haryana / Gujarat.
Contact 9884424960 for SAD Refund in Chennai
Sir, I am from kerala and importing some goods from china. anybody can help me how can i get back additional duty and what is the procedures
Sir, i am from kerala, i am importing some good from china and giving additional duty for this. any body can help me how can get back additional duty and what is the procedutures?
Any Consultants in Tamil Nadu who can help us to get refunds
Sir,
I have imported an item and paid the duty along with SAD.
Some of my customers are registered under excise and I have passed SAD to them. While some customers are not under Excise and thus I have put the stamp on the invoice stating credit will not be allowed. My query is as follows
Total Quantity Importered is 10000 Kgs where 12.5% component is Rs.18 and SAD component is Rs.6.
I have sold 3000 Kgs under excise and passed on Rs.24 as excise.
Can I claim SAD refund on the balance 7000 Kgs?
Also, please let me know if any Consultant is available for Mumbai.
Hi
We import a printer from Brooklyn USA in the month of March 2015 unfortunately it work for a month and stuck to an error code. so manufacturer approved replacement of the printer.
I want my import duties back
what will be the procedure?
regards
Mohammed N
please any buddy explain what is mean RD refund ?
Dear Sir,
4% Sad Refund ke liye cash ki Invoice ko lga sakte hai ke ni.
we are a manufacturer and import the raw materials and use the same in manuracturing process of our finished goods. Now, already accumulated duty credit in Cenvat Credit Account and not utilise 4%ACD paid on import of raw materials. Now, my question is can such manufacturer claim refund of such accumulated 4% ACD?
If company having three branch’s trading unit manufacturing unit service agency vat tin no is same for all the unit they deposit the vat clubbing three unit if he wanted to claim the sad amount in the statement which vat amount he should how much used in trading div
sir please give answer if know
if party apply sad refund.
and his sale invoice date spouse 29.04.2015 but coc (customs out of charge) done in 30.04.2015 but duty deposit on 27.04.2015.
whats a solutions my file is ok or not
???????????????
Facing difficult in 4% SAD Refund kinldy contact Rama krsihna-8123103090 Refund Prfessional Bangalore.
For SAD Refund Consultant in Karnataka kindly contact-812103090
for SAD Refund Karnataka kindly contact-812103090
Dear Sir
Agar Sad 4% Ka Refund Claim 1 Year Ke Bad Kiya Jaye To Wo Expire Ho Jata Hai Per Kya Usko 1 Year Ke Bad Fir Se Claim Kiya Ja Sakta Hai Agar Kiya Ja Sakta Hai To Sir Kis Section Ke Ander Fir Se Claim Kar Sakte Hai
Please Tell Me & Our Good Friends
Thank You
Shree Siddhivinayak Exim Services DGFT / Customs Consultant : Sad Refund Specialist. 9624044143
for SAD Refund Delhi-NCR kindly contact-9810692244
I have not put the stamp of
“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.”
But I have definitely not passed on the ADI to my customers. Will that mean I cannot claim the ADI refund ?????
Dear Sir
We have two sister concern companies one company has been importing and same consignment will sending to another company with vat 5.5%tax is involved in the Sales invoice.
Further, S.A.D. is eligible to get refund? pls help us.
Dear All,
I am a watch collector and I order a lot of stuff from Amazon or Watchshop for my personal use. Sometimes they charge a lot of duty on it sometimes they don’t. I have kept receipts of every payment till date and I have the Postal order tracking no.s for each order. Also if I understand correctly, I should get a full refund of the amount paid because of the following reasons:
1. None of the watches are Automatic. They are all battery operated.
2. They are not for furthur sale. They are for my personal usage.
Can anyone please explain if I am understanding this correctly? If I am wrong, Can someone please explain how much amount will I get back from this? Following are the charges levied by customs on me till date:
1. Order Value = 18,900(Approx.) Duty Levied = Rs. 3900 (Approx.)
2. Order Value = 8,900 (Approx.) Duty Levied = Rs. 3282 (Exact) by DHL couriers
How should I tackle this? What should I do to get this money back? Requesting the help from you all at the earliest.
Regards,
Chinmay GAilad
for refund in South India pl contact 9845906798 shivanand
For SAD refund in Bangalore and Karnataka -please contact Shivanand 9845906798
I am importing goods in punjab and sales outside punjab with cst @2%
. Can I avail SAD Refund.
Dear Sir,
A merchant Indian exporter ( A ) has an order for GAS GENSET CONTAINERISED From Nigeria ( B ), A will buy the OPEN GEN SET from Germany Manufacturer ( C ) To full fill export order Open Gen set has to be convert in CONTAINERISED GEN SET , How ( A ) Will save the custom duty .
The importer lost the Original B.E. is there any procedure to claim the Refund?
Refund is available only to the importers who sell the imported goods after paying VAT because 4% SAD is charged in lieu of VAT. To give relief to double taxation this refund is being allowed. Any importer who utilize the goods as input is eligible to CENVAT credit of SAD and he is otherwise not required to pay VAT as their is no transaction of sale of such goods. As per Notification he is not entitled to refund of accumulated SAD.
If i had import 4 ,5 items in one Bill of Entry and i had cleared full quantity of 2 Items , then should i claim for that cleared 2 3 items or i have to claim when my full Bill of Entry got cleared.
Kindly clarify that how i can proceed for that Bill of Entry Claim.
you can contact me 9711162612. for sad refund
Hi,
I want to apply foe SAD refund can for my company where i m working can u please tel me the exact procedure or help me out to file the SAD refund.
thanks & regards
Saurav kumar
call me for. refund .. . parveen 9711162612.. we give fast as service to you
Get 4% S.A.D (SPECIAL ADDITION DUTY) REFUND WITHIN SHORTEST TIME PERIOD With ALL DOCUMENTATION FACILITY
@ very Nominal Charges.
Call – +91 8108073353
Dear Rajesh,
u can avail cenvat credit of excise portion, but there are extreme chances of show cause notice but with ur elaborative example.. u can have a favour from Tribunal.
Dear Author,
I have a Logical Query.
On an import of Rs.100/-
Importers pay 10% Custom Duty (Rs.10).
It becomes 110/-(100+10)
On this, further Excise Duty @ 12% paid (Rs.13.2)
It becomes Rs 123.2 (Rs.110 + 13.2)
Further,On Custom and Excise duty portion i.e.Rs.23.2 (Rs.10 + 13.2), A total 3% cess of Rs.0/696 is paid which is 0/30 on custom and 0/396 on Excise.
Further 4% ACD/SAD i.e Rs.4/928 is paid on Rs. 123.2 which is refundable to importers resellers.
Hence Total Taxes of Rs.28.824 on an import of Rs.100 goes to government as follows.
Custom Duty Rs.10/00
Excise Duty Rs.13.20 (Cenvat credit allowable)
Cess on Custom Duty Rs. 0/30
Cess on Excise Duty Rs. 0/396
ACD/SAD Rs. 4/928 ( Refundable as mentioned above)
___________
Total Rs.28.824
My Query : Why Cess of Rs.0/396 paid on Excise is not allowed as cenvat.?
In all cases of Excise duty and Service tax there is cess of 3% which is allowed as Cenvat credit but why not for aforesaid.I hope someone will clarify with logical reply.
CBEC has issued Circular No. 18/2010-Cus dated 8th July, 2010 clarifying that the certificate issued by the statutory auditor or CA will be accepted and production of Balance sheet or Profit & Loss account will not be insisted. Moreover it has been clarified that the sanctioning authority will not call for any documents other than those listed therein. However in practice officers at different custom houses keep asking various different documents taking plea that in the list the last item says “any other document considered necessary for sanctioning the claim”.
Unfortunately there is no real protection to the officers in case any unscrupulous claimant takes undue benefit and there is no accountability for delaying sanction of claim on flimsy grounds and for asking unnecessary documents in violation of Board’s instructions. Hence number of pending claims is going up in all Custom Houses. This situation is conducive for flourishing of a few middlemen at each Custom House who get claims processed quickly for a fee in league with certain officials with vested interests.
Circular No. 6/2008-Cus says that interest on refunds under notification no. 102/2007-Cus will not be admissible but this portion of the circular has been quashed by Hon’ble Madras High Court in case of KSJ Metals (Impex) Vs Under Secretary [2013(294)ELT 211(Mad)]. hence the department is liable to pay interest from the expiry of three months from the date of filing of claim till date of payment.
Reg. Nikunj query dtd 15th august.
As per scheme of refund, this is not refundable.
Virender Prabhakar 09876777431
Dear Nikunj,
The refund is only available on the products which are imported for further sale. The credit accumulated can not be available as refund but it can be used for discharging central excise liability.
Regards
Rishi Chanan
HI,
If the manufacturer is claiming credit then he will not be able to claim refund as well. The Scheme of refund is for those importers who cannot claim the amount as credit.
Regards,
Deepak
One manufacturer who imports the raw materials and use the same in manuracturing process. Now, he has alreasy accumulated duty credit in his account and not uses 4%SAD paid on import of raw materials. Now, my question is can such manufacturer claim refund of such accumulated 4% SAD ?