Under the customs notification, goods imported for actual use attract special additional customs duty of 4%. Range officers must check at the time of allowing Modvat credit on the strength of a Bill of Entry, whether the particular consignment has suffered SAD of Customs or not
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Verification of Special Additional Customs Duty required - officers must confirm SAD payment before allowing Modvat credit, non payment reported. Range Officers must verify, when allowing Modvat credit on the basis of a Bill of Entry, whether the consignment has suffered Special Additional Customs Duty; if the Bill of Entry does not indicate SAD payment the Range Officer must report to the Commissioner of Customs with a copy of the Bill of Entry for recovery action and initiation of penal proceedings. The Audit Wing should be instructed to check for possible misuse of the exemption notification.
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Provisions expressly mentioned in the judgment/order text.
Verification of Special Additional Customs Duty required - officers must confirm SAD payment before allowing Modvat credit, non payment reported.
Range Officers must verify, when allowing Modvat credit on the basis of a Bill of Entry, whether the consignment has suffered Special Additional Customs Duty; if the Bill of Entry does not indicate SAD payment the Range Officer must report to the Commissioner of Customs with a copy of the Bill of Entry for recovery action and initiation of penal proceedings. The Audit Wing should be instructed to check for possible misuse of the exemption notification.
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