TMI BlogCenvat credit of SAD - RegX X X X Extracts X X X X X X X X Extracts X X X X ..... We are purchasing imported Capital goods from various dealers. The Notification No. 102/2007 Customs, dated 14.09.2007 has granted the exemption by way of refund of SAD to the dealers of imported goods. However, the dealers were passing the credit of SAD to the buyer instead of claiming refund with the Department. We have taken CENVAT credit of SAD on the strength of valid duty paying document ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, which is now objected by the Excise Auditors. As per the Department, the dealer has to claim refund of SAD from the Department as per Notification No. 102/2007 Customs, dated 14.09.2007 . Kindly clarify whether the objection taken by the Excise Auditor is correct and we have to reverse the credit? Regards, VINAY - Reply By PAWAN KUMAR - The Reply = As per my view, the objection ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised by the audit is incorrect. In circular No. 06/2008-Customs , it has clearly provided that the importer declared that he has not passed the incidence of duty to his customer. It means importer has the option whether to pass or not. If importer passed the duty to his customer, benefit of cenvat will definitely allow. - Reply By GANTI SARMA - The Reply = What Mr. Pawan telling is correct. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether SAD pass to customer or claim with department is depends on dealer's interest, but not mandatory to claim with department. - Reply By Ashok Jogalekar - The Reply = The objection of the Audit party is ridiculous, there is no such restriction in the Act or Rules. Whether to claim refund or to pass on SAD is entirely on the Dealer and the understanding and the objection is unsustainable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . - Reply By ramniranjan kandoi - The Reply = Dear, Actually Excise Auditors do not hv proper knowledge and because of this, they take wrong points. My simple advise is to ask them to show the Rules provisions.. R M Kandoi - Cenvat credit of SAD - Reg - Query Started By: - vinay wakde Dated:- 21-10-2013 Central Excise - Got 4 Replies - Central Excise - Discussion Forum - Knowledge S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... haring, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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