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Issue ID: 111923
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TRANSFER OF ACD AND CVD TO GST

Date 17 May 2017
Replies4 Replies
Views 7038 Views
Transfer of CVD and SAD to GST permitted; eligible duties on closing stock transferable upon GST implementation.
Explanations to the transitional provision define eligible duties to include Countervailing Duty and Special Additional Duty, permitting those duties paid on closing stock to be carried forward into the GST regime on implementation; claimants must maintain records evidencing duty payment. Ancillary operational questions concern treatment of customs education cesses credited to Cenvat and the processing or status of pending SAD refund files at the time of GST commencement. (AI Summary)

What are the provisions under GST for transfer of ACD and CVD paid by the importer/dealer on the closing stock which will transfer to GST on 1st July when GST will get implemented.

What records need to be maintained and how to apply for the same.

Regards

Sachin

4 answers
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Replied on May 18, 2017
1.

Sir,

According to Explanation 1 & 2 appended to Section 140 of CGST Act, 2017 " eligible duties" means-

the additional duty leviable under sub-section (1) of section 3 of the Customs Tariff Act (CVD), 1975 (51 of 1975.);

(iii) the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, 1975 (SAD) (51 of 1975.);

Therefore you can transfer ACD and CVD paid by the importer/dealer on the closing stock which will transfer to GST on 1st July when GST will get implemented.

Like 0
Replied on May 19, 2017
2.

I support the views of Sh.Ranganathan, Sir.

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Replied on May 22, 2017
3.

sir

What Position of Custom Education Cess & Higher Custom Education Cess on our Cenvat Account

is there possible to get return because we are not able to untilise this amount .

Gorakhnath Kharade

9920200983

Like 0
Replied on May 27, 2017
4.

With regards to ACD / SAD refund, please advise what will happen to the SAD Refund files which would be pending with Customs Department for refund as on 01st July, 2017

Regards,

(Atul Jindal)

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