Streamlining the procedure for refund of 4% Additional Duty of Customs in pursuance of Notification No. 102/2007-Customs dated 14.9.2007 Reg.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....007-Cus. dated 14/09/2007, exempting Addl. Duty of Customs (SAD) leviable under Section 3(5) of the Customs Tariff Act on goods imported for subsequent sale, Boards Circular Nos.06/2008 & 16/2008-Customs, clarifying various related issues and this Custom House Public Notice Nos. 43/2008 & 04/2009 prescribing documents and the procedure for refund of the same. 2. It has been brought to notice that although the CBEC Circular No. 16/2008-Cus. Dated 13/10/2008 prescribes acceptance of copies of ST/VAT challans along with the certificate of the statutory auditor/Chartered Accountant, this Custom House requires submission of VAT/ST Challans, duly certified by the statutory auditor/Chartered Accountant of the importer, in terms of Public Notice....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ent challans or other similar documents, in doubtful cases, which shall be returned to the importer after verification, as per the instructions of the Board in Circular No.16/2008-Customs. 5. Apart from this it has been noticed that presently the claimants are required to submit four different certificates from statutory auditor/Chartered Accountant in Annexures D, II, III and IV. This not only is expensive, cumbersome and time consuming but also creates lot of duplication and confusion as a result of which many a times the importers get certified their other documents from the Chartered Accountant which in fact are not so required. Therefore, in order to avoid duplication and make it simple, it has been decided to merge the various cert....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... SAD claimed (Rs.)                                                 Place: Date: For M/s. ________________________ Signature of the Applicant. ANNEXURE - S Consolidated Certificate from the statutory auditor/Chartered Accountant towards unjust enrichment, payment of appropriate ST/VAT, correlating payment of ST/VAT with the sale invoices and sale through consignment agent/stockist for the purpose of refund of the Special Additional Duty in pursuance to Notification No. 102/2007-Customs dated 14/09/2007. With regard to the imports u....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....erein is being shown in the Books of Account/Balance Sheet as Amount due as refund of Additional duty of Customs and same amount has not been passed on to the buyers of the sale of goods. After examination/audit the records, it is verified from records that the details as given in the enclosed Summary of Sale invoices are true details thereof. As required for examination of the principle of unjust enrichment in the case before sanction of refund under Notifn. No. 102/2007 dated 14/09/2007, this is certified that the burden of 4% CVD/SAD has not been passed on by the importer to the buyer and that they fulfill the requirement of unjust enrichment. 6. In case of sale through consignment agent/stockist we certify that- (i) consignm....