SAD REFUND

[Samir Banerjee]

I have two queries related to SAD Refund under Notification 102/2007 and prescribed circulars thereon.

1st Query:

The applicant needs to file copy of VAT returns along with the SAD refund application as collateral evidence of

payment of VAT. My query as per circular the return can be filed on monthly basis, whereas the VAT return required to be filed on quarterly basis. How the applicant can submit the copy of quarterly return of VAT with SAD application if the applicant allowed to file refund claim application on monthly basis. Is the copy of VAT return mandatory to furnish with SAD Refund Application when the application is being submitted under necessary certification by Chartered Accountant. Please let me have the proper clarification and suggest the way out so that applicant can file the SAD Refund Claim application on monthly basis.

2nd Query:

Is it necessary that the SAD Refund Application should be certified by the Statutory Auditors of

Unit who is finalizing the books of account? If the SAD Refund Application certified by any Recognized Chartered Accountant, If applicant get the Refund Claim certified from any CA (who is not associated with applicant) will the refund claim application would be rejected by the jurisdictional Custom Authority?

An early clarifications of both the queries would be highly appreciated

 

[Rajagopalan Ranganathan]

Sir,

Please find appended copy of the Circular No. 18/2010-CUS dated 8.7.2010 which will clear you doubts in this regard.

Circular No.18/2010- Cus.

F. No. 401/46/2008-Cus.III

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise and Customs

159A, North Block,

New Delhi -110001

Dated, 8th July, 2010.

[Mahir S]

Further to add that , you shall be issued show cause notice before rejection of your refund claim , hence if at all, any such points ( as raised in your query 2 ) are raised in the notice , then you can reply accordingly , provided all the conditions of refund claims are satisfied.

AI Summary

SAD refund documentation: VAT return evidence and CA certification requirements clarified, with show cause notice before any refund rejection. SAD refund claims require submission of VAT returns or prescribed evidence to substantiate VAT payment, but the applicable Customs circular permits reliance on the certification regime for documentary flexibility; certification need not be by statutory auditors alone-a recognized Chartered Accountant may certify the claim-while authorities will issue a show cause notice before rejecting a refund application.