2018 (9) TMI 1289

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....t the time of import of the goods at the rate of 4% is refundable to the importers in terms of Notification No. 102/2007-Cusdated 14.09.2007, in case of subsequent sales of the imported goods on payment of the appropriate VAT. 2. Accordingly, the appellant filed refund claim of additional duty of to the extent of Rs. 1,59,356/-. The said refund claim was disposed of by the Deputy Commissioner (Customs) by observing that the assessee had filed a certificate from their Chartered Accountant to the effect that the goods have been subsequently sold to the consignment agent and the consignment agent has paid the VAT on the goods. The Chartered Accountant in his certificate had also certified the annual account of the importer, correlating the ....

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.... the sale is made by him on behalf of the importer in the capacity of consignment agent/stockist. These conditions shall be verified by the Customs officers before sanction of 4% CVD refund claims in these cases. Further, in such cases, it is also required that the applicant submits a certificate from a Chartered Accountant appointed by the importer, who either certifies the importer's financial records under the Companies Act,1956 or any ST/VAT Act of the State Government or the Income Tax Act, 1961, to the effect that appropriate ST/VAT has been paid by consignment agent/stockist on behalf of importer and that the importer, in turn, has paid or reimbursed the ST/VAT to his consignment agent/stockist along with the correlation of ST/VAT pa....