4 % additional customs duty ( cvd)

This query is : Resolved

ABHINANDAN CHOPRA (Querist)
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06 January 2012 Dear sir,
i am a trader. i will import goods on which 4% CVD will be charged. But i will sell the goods wither in VAT or CST.
So, now we have to go through the painful process of getting refund from the GOVT.
Hence my questions are as follows:
1.How can we pass on this 4% CVD without having a Excise Registration.?
2. If suppose we enter into a Consignment sale agreement between an agent me being the principal in two separate states; Can i stock transfer this material and claim refund of the CVD ?
Please note that the state in which the goods will enter originally will not receive any local taxes on this transaction . If , i do go to take the refund of this CVD i will not be able to produce ST/ VAT payment challan , as in stock transfer will be in 0% tax. So, how do i proceed?

I am registered business owner in West Bengal. Please clarify my doubts.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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07 January 2012 in the light of CBEC Notification No. 102/2007 dtd 14.09.2007:

(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 along with 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.

for more information link are :

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

http://www.cbec.gov.in/customs/cs-circulars/cs-circulars08/circ06-2k8-cus.htm

http://www.cbec.gov.in/customs/cs-circulars/cs-circulars10/circ15-2k10-cus.htm

ABHINANDAN CHOPRA

ABHINANDAN CHOPRA (Querist)
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07 January 2012 dear sir,
Thanks for the information, but i would again draw your attention to the two questions i had asked , specifically.
Please let me know if they are possible?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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09 January 2012 in view of above i again inform you that in first query u can not claim SAD.

second, If YOU Are transfer the goods from H.O TO BRANCH , one unit to another unit,
Not admissible to take REFUND OF SAD . WHICH IS ALREADY MENTIONED IN ABOVE SAID NOTIFICATION, WHICH IS CLEAR MENTIONED.

Regards,

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