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        Customs, DGFT & SEZ

        Refund of Additional Duty of Customs - Now refund application can be filed within one year

        August 4, 2008

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        Notification no. 102/2007 Customs dated 14-9-2007 has been issued to grant refund of additional duties of customs to the importer cum trader provided Sales Tax / VAT is paid on sale of such goods by such importer cum trader.

        But, the legislature did not prescribe any time limit for filing a refund claim while issuing the notification.

        Now, this notification has been amended vide notification no. 93/2008 dated 1-8-2008 to prescribe the time limit for filing a refund claim within one year from the date of payment of said additional duties of customs.

         

        Click here for amendedNotification no. 102/2007 Customs dated 14-9-2007

        Also see: circular no. 6/2008 dated 28-4-2008 regarding procedure to be adopted for refund of 4% Additional Duty of Customs in pursuance of Notification No.102/2007-Customs dated 14.9.2007

        Refund limitation for additional customs duty now requires claims within one year after payment where VAT was paid. Amendment by Notification No.93/2008 prescribes a one-year limitation for filing refund applications for additional duty of customs where the importer-cum-trader has paid sales tax/VAT on resale; Notification No.102/2007 allowed such refunds without a deadline, and Circular No.6/2008 sets the procedural framework for processing these refunds.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Refund limitation for additional customs duty now requires claims within one year after payment where VAT was paid.

                                Amendment by Notification No.93/2008 prescribes a one-year limitation for filing refund applications for additional duty of customs where the importer-cum-trader has paid sales tax/VAT on resale; Notification No.102/2007 allowed such refunds without a deadline, and Circular No.6/2008 sets the procedural framework for processing these refunds.





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