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4% sad refund is compulsory

Mukund Thakkar

Dear Expert,

one of my client is traders, he is importing the goods and doing the trading activity. during the time of import he has paying 4% sad, and claim the refund. now my question is it is compulsory to file sad refund claim or pass the 4% sad to his buyer? if he is sales purchaser can availed the 4% cenvat credit.? because getting the refund of 4% procedure is very time consuming.please sending me any clarification in this regards with your expert view.

Traders Can Either Pass 4% SAD to Buyers or Claim Refund; Requires Proper Documentation per Notification No. 102/2007-Customs. A trader importing goods and paying a 4% Special Additional Duty (SAD) inquired whether it is mandatory to claim a refund for this duty or if it can be passed to the buyer. An expert clarified that the trader has two options: either pass the 4% SAD to the buyer or claim a refund. Proper documentation is required to claim the refund, as outlined in Notification No. 102/2007-Customs. Another expert added that if the trader supplies to manufacturers, both CVD and SAD credits can be passed on, benefiting the customer. For sales to traders, SAD becomes a cost, making refund claims necessary. (AI Summary)
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