Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
Circular No 01/ 2012-Customs
North Block, Room No. 253-A,
New Delhi, the 5th January 2012.
To,
All Chief Commissioners of Customs / Customs (Prev.).
All Chief Commissioners of Customs & Central Excise.
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Subject: Refund of 4% Additional Duty of Customs
(4% CVD) in terms of Notification No. 102/2007-Customs dated
14.09.2001-regarding.
Sir / Madam,
Your kind attention is invited to the
Circular No. 18/2010-Customs dated 8th
July, 2010), vide which Board has simplified procedure for sanction of refund of
4% SAD in case of ACP importers. Vide Para 4.1 (d) of the Circular
No.18/2010-Customs, dated 08.07.2010 it was provided that the amount of 4% CVD
refund shall be sanctioned in full, on preliminary scrutiny of the documents and
certificate of statutory auditor/Chartered Accountant, for correlating the
payment of ST/VAT on the imported goods with the invoices of sale and also to
the effect that the burden of 4% CVD has not been passed on by the importer to
the buyer. However, as Para 6 of the said Circular only Charted Accountant can
issue a certificate that incidence of burden of 4% CVD has not been passed on by
the importer to the buyer.
- Representations have been received in the Board for amending Para 6 of the
said Circular to make it in consonance to Para 4.1 (d) ibid to enable Cost
Accountants to issue the Certificates as statutory auditors for the purpose of
refund of 4% CVD.
- The matter has been examined in the Board. Board noted that the Circular
No.18/2010-Customs dated 08.07.2010 disentitles Cost Accountants in regard to
issue of requisite certificate though they may be statutory auditors of the
importer. Board also observed that several States currently recognize Cost
Accountants for purpose of VAT audit and it would be a hardship to trade already
using statutory auditors/Cost Accountants to get required certificate for amount
of 4% refund from Chartered Accountants. Therefore, as a measure to facilitate
the trade Board has approved the amendment of the Circular No.18/2010 Customs
dated 08.07.2010 so as to authorize Statutory Auditors/ Cost Accountants/
Chartered Accountants to issue a certificate, certifying that burden of 4% CVD
has not been passed on by the importers to any other person.
- Accordingly, para 4.1(d) and Para 6 of Board Circular No.18/2011-Customs,
dated 08.07.2010, stands modified to above extent.
- Suitable Public Notices or standing orders may be issued to guide the trade /
industry and officers.
(Vikas)
Under Secretary (Customs-III/VI)
F.No.401/46/2008-Cus.III