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Refund / credit of additional custom duty of 4 % against vat (Custom)

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This query is : Resolved

Author : Anonymous

( Author )
19 January 2012

One of my clients have imported a machinery on which additional import
duty (CVD) @ 4% has been paid by my client.

I want to know whether the said duty can be claimed as credit / refund
against vat payable under Maharashtra VAT Act, 2002.


RAMESH KUMAR VERMA

( Expert )
20 January 2012

REFER TO CBEC NOTIFICATION NO. 102/2007 DTD 14.09.2007:

the importer, while issuing the invoice for sale of the said goods, shall specifically indicate in the invoice that in respect of the goods covered therein, no credit of the additional duty of customs levied under sub-section (5) of section 3 of the Customs Tariff Act, 1975 shall be admissible;

(c) the importer shall file a claim for refund of the said additional duty of customs paid on the imported goods with the jurisdictional customs officer;



(d) the importer shall pay on sale of the said goods, appropriate sales tax or value added tax, as the case may be;



(e) the importer shall, inter alia, provide copies of the following documents alongwith the refund claim:



(i) document evidencing payment of the said additional duty;

(ii) invoices of sale of the imported goods in respect of which refund of the said additional duty is claimed;

(iii) documents evidencing payment of appropriate sales tax or value added tax, as the case may be, by the importer, on sale of such imported goods.


REGARDS,


RAMESH KUMAR VERMA

( Expert )
20 January 2012

BEFORE PUT UP ANY QUERY,

ALSO READ THE LINK:

http://www.cbec.gov.in/customs/cs-act/notifications/notfns-2k7/cs102-2k7.htm


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