SAD - Refund Procedure(Urgent)
smitha s
Dear All!
Taking into account the original notification and the latest amendments, the following procedure is to be adopted for claiming refund of SAD of 4% under the Customs Act:
1. Any refund claim is to be submitted within one year from the date of payment of duty;
2. Unsold stocks will not be eligible for refund;
3. Filing of refund claim for a part quantity in a bill of entry shall not be allowed except when this is necessary at the end of the one year period;
4. There would be a single refund claim in respect of one importer in a month irrespective of the number of Bills of Entry (B/Es) processed by the respective Commissionerate;
5. In order to ensure sanction of refund properly, it is clarified that the document evidencing payment of ST/VAT (in original) duly issued by or acknowledged by the concerned ST/VAT authorities shall be submitted by the importer;
6. A certificate from the statutory auditor / Chartered Accountant, who certifies the importer’s annual financial accounts under the Companies Act or any statute, correlating the payment of ST/VAT on the imported goods (in respect of which refund is claimed) with the invoices of sale, would be required along with the original tax / duty payment documents as proof of payment of appropriate ST/VAT;
7. A certificate from the statutory auditor / Chartered Accountant who certifies the annual accounts of the importer, that the burden of 4% CVD has not been passed on by the importer to the buyer and to fulfill the requirement of unjust enrichment;
8. In addition to the aforesaid the importer shall also make a self-declaration along with the refund claim to the effect that he has not passed on the incidence of 4% CVD to any other person;
9. It is clarified that a stamp on the invoice (to state that no CENVAT Credit is admissible) should suffice for the purpose of para 2 (b) of the said notification;
10. The importers to submit the copy of invoices in electronic form (including the form of CD);
My query is who will affix the stamp on the invoice?
Further,Is the above procedure complete?
To whom should we submit the claim for refund?
Thanks in advance.
Regards,
CS.Smitha.
 |
anantha...@wipro.com
Your can refer Clarification circular number 16/2008 dtd. 13/10/2008.
Sale invoices to be submitted in soft form for claiming refund: It has also been represented that number of copies of sale invoices are required to be produced in view of the Condition No.2 (e) (ii) of the Notification No.102/2007-Customs dated 14.9.2007. As these are voluminous, it is difficult for the importers as well as the Department to handle such invoices in hard copy. This issue was examined in specific reference to Section 4 of the Information Technology (I.T.) Act, 2000 which provides that any information or any other matter, which is required under any Law to be made in writing or printed form, could be submitted in an electronic form provided it is accessible for use or subsequent reference. In view of the fact that this provision applies notwithstanding anything contained in any other law, the legal requirement of submission of copies of sale invoices would be fulfilled if the same is provided in electronic form. In the I.T. Act, 2000, ‘electronic form’ has been defined and it includes information stored in optical or magnetic media.
Therefore, it is clarified that the importers could submit the copy of invoices in electronic form (including the form of CD) as prescribed in Information Technology Act, 2000, for the purpose of fulfillment of the condition in para 2 (e) (ii) of the Notification No.102/2007-Customs dated 14.9.2007. The electronic media containing the information about sale invoices should, however, be submitted along with a paper declaration by the applicant indicating the invoice numbers contained in the media and subscribing to their truthfulness.
The claim should be submitted to respective jurisdictional customs authorities with the prescribed format where the goods are originally imported either at air or sea customs
Regards
Anantha krishna
|
|
