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Querist : Anonymous

Querist : Anonymous (Querist)

07 January 2012 we have imported goods through containers from china, now the question is in sales tax whether we should add clearing charges and customs duty to our purchase value...?

At the same time we have paid the duty by purchasing the licence. so we can claim 4 % as input tax
Now the question is how to show the same in sales tax

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)

07 January 2012 in the light of CBEC Notification No. 102/2007-Customs 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.

for more information :--

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

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

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