SAD Refund

[Samir Banerjee]

One Trader (importer) imported goods from associated party. The Trader has already filed application with SVB which is under process. The importer wants to file Refund of 4% SAD paid on provisional assessed Bill of Entries. My query is can importer file or claim 4% SAD refund till the Bill of Entry not assessed finally. If yes, do the importer needs to follow any prescribed procedure?

[Mahir S]

Vide Notification No 93/2008 Cus dated 01.08.2008, the time limit for claiming the refund has been prescribed as “before the expiry of one year from the date of making payment of the said additional duty of customs”.

Hence, you should file the refund claim within said one year period, irrespective of the status of the assessment of the Bills of entry.

AI Summary

Additional customs duty refund can be claimed within prescribed period irrespective of final assessment status of import entries. A refund claim for additional customs duty charged as Special Additional Duty on a provisionally assessed Bill of Entry must be filed within the prescribed time limit measured from the date of payment of that duty; the provisional status of the assessment does not prevent filing the refund within that statutory period.