SAD refunds – Ministry's ‘unfinished business' – Reminder to Board
Circular No. 6/08- Cus dated 28.04.08, specified a time limit of one year for refund of SAD by importers- resellers. It was further stated that the Notification No. 102/2007 dated 14.09.2007 would be suitably amended to capture this time limitation. The relevant extract of the circular which speaks of the impending amendment to the Notification is given below:
"Taking into account various factors, it has been decided to permit importers to file claims under the above exemption upto a period of one year from the date of payment of duty. Necessary change in the notification is being made so as to incorporate a specific provision prescribing maximum time limit of one year from the date of payment of duty, within which the refund could be filed by any person."
However, the Board has not issued any amendment to this Notification till date to specify the time limit in the notification itself. In the introductory paragraph of this Circular it is clearly stated that the provisions of this notification would prevail. As on date in the absence of any amendment, the time limitation prescribed by the Circular would be redundant unless the Board comes out with an amendment to the Notification.