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

 

AI Summary

Clarification Sought on SAD Refund: VAT Return Submission & Certification Requirements Under Notification 102/2007 An individual raised two queries regarding the SAD Refund under Notification 102/2007. The first query concerns the requirement to submit VAT returns with the SAD refund application, questioning the feasibility of submitting quarterly VAT returns when refund claims are filed monthly. The second query asks whether the SAD Refund Application must be certified by the unit's Statutory Auditors or if certification by any Chartered Accountant is acceptable. Responses indicated that Circular No. 18/2010-CUS might clarify these issues and mentioned that a show cause notice would precede any rejection of the refund claim, allowing for a response.