Refund of custom duty

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deepali shukla (Querist)
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30 October 2012 in the last week one of raw material of our co. is imported from Indonesia which is having exemption for Asia approx 4.5% So actural custom should be paid only 3% instead of 7.5% But unfortunately beacuse lack of communication we have paid 7.5% custom duty. Now shipment is cleared and recd at our end. But can we apply for refund of duty as exemption is clearly mentioned on Certificate of origin. pls guide immediately.

CA CS Amit S. Kedia

CA CS Amit S. Kedia (Expert)
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30 October 2012 To get refund of excess duty or interest paid, the importers should file a refund application in the prescribed format in duplicate before the Assistant Commissioner of Customs having jurisdiction over the customs port, airport, land customs or customs warehouse where the duty of customs/inertest was paid. Such refund claim should be filed within one year from at the date of payment of duty, if the import is made by, any individual for his personal use or by Government or by any educational, research or charitable institution or hospital.
In case of other category of importers, the time limit is six months only.
However, in the case of goods, which are exempt from payment of duty by a special order issued under sub-section (2) of section 25 of the Customs act, 1962 (Ad hoc exemption order), the limitation of one year or six months, as the case may be, shall be computed from the date of issue of such order.

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Rama Krishnan

Rama Krishnan (Expert)
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30 October 2012 MY OPINION IS LITTLE DIFFRENT.

SUPREME COURT IN THE MATTER OF PRIYA BLUE AND FLOCK INDIA RULED THAT ASSESSED B/E ARE ORDER IN ORGINAL , REFUND CANNOT BE GRANTED WITHOUT MODIFICATION OF ASSESSMENT FROM APPETTALE AUTHORITY.

FIRST WHAT YOU HAVE TO DO IS TO FILE AN APPEAL BEFORE COMMISSIONER APPEALS FOR RE ASSESSMENT OF B/E GIVING BENEFIT OF FTA/COO. THE TIME FRAME OF THIS IS 60 DAYS FROM B/E DATE, SO HURRY AND DO IT.

THEREAFTER ONCE THE B/E RE ASSESSED YOU NEED TO FILE A REFUND CLAIM UNDER SEC 27 OF CUSTOMS ACT

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deepali shukla

deepali shukla (Querist)
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30 October 2012 thank you very much both of u. Will do accordingly immediate

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Rama Krishnan

Rama Krishnan (Expert)
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30 October 2012 WELCOME.. ALSO DO NOT FORGET TO POST THIS AMOUNT IN BOOKS OF ACCOUNTS AS ' RECEIVABLE FROM CUSTOMS' IF NOT YOU WILL NOT BE ABLE TO MEET 'UNJUST ENRICHMENT CLAUSE'

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