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REFUND INTRODUCTION

Preventive Refunds Refund Introduction

A. GENERAL REFUND

The refund of Customs duties is governed by Section 27 of Customs Act, 1962, and the same is reproduced below

SECTION 27. Claim for refund of duty.

  1. Any person claiming refund of any [duty and interest, if any, paid on such duty]
     
    1. paid by him in pursuance of an order of assessment; or
    2. borne by him,

    may make an application for refund of such [duty and interest, if any, paid on such duty] to the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] -
     
    1. in the case of any import made by any individual for his personal use or by Government or by any educational, research or charitable institution or hospital, before the expiry of one year;
    2. in any other case, before the expiry of six months, from the date of payment of [duty and interest, if any, paid on such duty], [in such form and manner] as may be specified in the regulations made in this behalf and the application shall be accompanied by such documentary or other evidence (including the documents referred to in section 28C) as the applicant may furnish to establish that the amount of [duty and interest, if any, paid on such duty] in relation to which such refund is claimed was collected from, or paid by, him and the incidence of such [duty and interest, if any, paid on such duty] had not been passed on by him to any other person :

      Provided that where an application for refund has been made before the commencement of the Central Excises and Customs Laws (Amendment) Act, 1991, such application shall be deemed to have been made under this sub-section and the same shall be dealt with in accordance with the provisions of sub-section (2) :

      Provided further that the limitation of one year or six months, as the case may be, shall not apply where any [duty and interest, if any, paid on such duty] has been paid under protest.

      [Provided also that in the case of goods which are exempt from payment of duty by a special order issued under sub-section (2) of section 25, the limitation of one year or six months, as the case may be, shall be computed from the date of issue of such order.]

      [Provided also that where the duty becomes refundable as a consequence of judgment, decree, order or direction of the appellate authority, Appellate Tribunal or any court, the limitation of one year or six months, as the case may be, shall be computed from the date of such judgment, decree, order or direction.].

      [Explanation I.] - For the purposes of this sub-section, the date of payment of [duty and interest, if any, paid on such duty], in relation to a person, other than the importer, shall be construed as the date of purchase of goods by such person.

      [Explanation II. - Where any duty is paid provisionally under section 18, the limitation of one year or six months, as the case may be, shall be computed from the date of adjustment of duty after the final assessment thereof.].
  2. If, on receipt of any such application, the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] is satisfied that the whole or any part of the [duty and interest, if any, paid on such duty] paid by the applicant is refundable, he may make an order accordingly and the amount so determined shall be credited to the Fund :

    Provided that the amount of [duty and interest, if any, paid on such duty] as determined by the [Assistant Commissioner of Customs or Deputy Commissioner of Customs] under the foregoing provisions of this sub-section shall, instead of being credited to the Fund, be paid to the applicant, if such amount is relatable to -
     
    1. the [duty and interest, if any, paid on such duty] paid by the importer, [or the exporter, as the case may be] if he had not passed on the incidence of such [duty and interest, if any, paid on such duty] to any other person;
    2. the [duty and interest, if any, paid on such duty] on imports made by an individual for his personal use;
    3. the [duty and interest, if any, paid on such duty] borne by the buyer, if he had not passed on the incidence of such [duty and interest, if any, paid on such duty] to any other person;
    4. the export duty as specified in section 26;
    5. drawback of duty payable under sections 74 and 75;
    6. the [duty and interest, if any, paid on such duty] borne by any other such class of applicants as the Central Government may, by notification in the Official Gazette, specify :

      Provided further that no notification under clause (f) of the first proviso shall be issued unless in the opinion of the Central Government the incidence of [duty and interest, if any, paid on such duty] has not been passed on by the persons concerned to any other person.
  3. Notwithstanding anything to the contrary contained in any judgment, decree, order or direction of the Appellate Tribunal [, National Tax Tribunal] or any Court or in any other provision of this Act or the regulations made thereunder or any other law for the time being in force, no refund shall be made except as provided in sub-section (2).
  4. Every notification under clause (f) of the first proviso to sub-section (2) shall be laid before each House of Parliament, if it is sitting, as soon as may be after the issue of the notification, and, if it is not sitting, within seven days of its re-assembly, and the Central Government shall seek the approval of Parliament to the notification by a resolution moved within a period of fifteen days beginning with the day on which the notification is so laid before the House of the People and if Parliament makes any modification in the notification or directs that the notification should cease to have effect, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be, but without prejudice to the validity of anything previously done thereunder.
  5. For the removal of doubts, it is hereby declared that any notification issued under clause (f) of the first proviso to sub-section (2), including any such notification approved or modified under sub-section (4), may be rescinded by the Central Government at any time by notification in the Official Gazette.]

B. REFUND OF SAD
Additional duty of Customs (ADC) at 4% is chargeable under Sub-section 5 of Section 3 of Customs Tariff Act, 1975. This ADC is commonly called as SAD and the charging Notification No is 19/2006-Cus dated 01.03.2006. This ADC of 4% is charged to counter-balance state taxes/VAT.
As per the Notification No.102/2007- Cus dated 14.09.2007, the said ADC (SAD) of 4% is refundable, if the importer sells the imported goods in the local market and collects sales tax from the buyer and pays VAT to respective State Governments.