Refund of CVD 4% -Notification 6/2008

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CA.Tarun Maheshwari (Querist)
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21 May 2009 Dear All

The above mentioned notification allows us to take refund of the CVD @4% paid on import of goods on which we charge VAT or service tax. Can anybody tell me the exact procedure how can I claim such refund. What are the documents to be furnished, is there any prescribed form, or format of certificate from CA. Where do I have to apply, how shall I claim the refund of back one year etc etc. I need full procedures to be followed. Pls help me as soon as possible.

Vishnu Saboo

Vishnu Saboo (Expert)
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24 July 2009 i think you are talking about Ntf no 102/2007 Dated 14.09.07 and circular no 06/2008 Dated 28.04.08 it is so, the following process is for the same.

The 4% CVD exemption under the said notification is operated through a refund mechanism, wherein the importer would have to first pay the said 4% CVD at the time of importation and, thereafter, can claim refund of 4% CVD on production of documents showing that the appropriate ST/VAT has been paid. Hence, the purpose of granting this exemption is to ensure that the importer pays either 4% CVD or the appropriate ST/VAT and not both. It is not the intention of the Government to allow the importer to recover the 4% CVD from the buyer as well as to claim refund of this amount from Customs. Hence, the principle of unjust enrichment needs to be examined in each case before sanction of refund under this notification. However, considering the voluminous transactions and the documents involved in the cycle, from import to sale, it was felt that it would be expedient to allow the importer to submit a certificate from the statutory auditor / Chartered Accountant who certifies the annual accounts of the importer, that the burden of 4% CVD has not been passed on by the importer to the buyer and to fulfill the requirement of unjust enrichment.

In view of the above, it is clarified that the doctrine of unjust enrichment will apply to 4% CVD refunds Scheme under the said exemption notification issued in terms of Section 25(1) of the Customs Act, 1962. However, importers may produce a certificate from the statutory auditor/Chartered Accountant who certifies the importer’s annual financial accounts under the Companies Act or any statute, explaining how the burden of 4% CVD has not been passed on by the importer and to fulfill the requirement of unjust enrichment. In addition to the aforesaid the importer shall also make a self-declaration along with the refund claim to the effect that he has not passed on the incidence of 4% CVD to any other person.

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