CMA Final · Indirect Tax Laws and Practice · Refund
Gamma Tools Ltd imported machine parts and paid duty. The parts were found not to conform to the agreed specifications. Gamma exports them back, and the proper officer's order permitting clearance and loading for exportation under section 51 is dated 10 March. By which date must it file a refund application under section 26A, if all other conditions are met?
The application must be made before six months expire from 10 March, because for exported goods the relevant date under section 26A is the date of the proper officer's order permitting clearance and loading for exportation, not the import clearance date.
- ABefore the expiry of six months from 10 MarchCorrect
- BBefore the expiry of three months from 10 March
- CBefore the expiry of one year from 10 March
- DBefore the expiry of six months from the date of the original import clearance
Explanation
Section 26A(2) requires the application before six months from the relevant date. Where goods are exported, the relevant date is the date of the section 51 order permitting clearance and loading for export, here 10 March. The import clearance date is not the base.
Did you get it right without looking?
One question tells you little. A timed set on Refund shows your real accuracy, how long you take and where you lose marks.
More Refund questions
- Under section 129EE of the Customs Act, 1962, Arjun Exports deposited Rs 20,00,000 under section 129E while appealing, and the appellate aut…
- Sunrise Exports Pvt Ltd obtained invoices by fraud and used the input tax credit on them to pay duty or tax on goods entered for export unde…
- Kavya Pharma imported a batch of goods and paid duty. The goods were found defective, and it claims a section 26A refund after destroying th…
- Delta Imports Ltd paid duty on goods cleared for home consumption under section 47 on 1 June. The goods are defective and identifiable. Delt…
- Under section 26 of the Customs Act, 1962, export duty paid on goods is refundable if the goods come back to the exporter. Which set of cond…
- Sunrise Textiles Ltd imported machinery and cleared it for home consumption. On 10 March the proper officer ordered clearance under section …