TaxTMI 
TaxTMI 
TaxTMI 
I have paid all exempted custom duties under amnesty scheme
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.... have paid all exempted custom duties under amnesty scheme <br> Query (Issue) Started By: - Dinesh kumar Dated:- 18-9-2025 Customs - Exim - SEZ <br> Got 3 Replies <br> Customs<br> <br> What is additional Custom duty and special additional Custom duty ? I have paid 100% interest on CVD also while regularisation of advance license. can u make request to Custom for refund of interest paid....
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.... on CVD? What is CENVANT credit of CVD? --Reply By: KASTURI SETHI The Reply: Q. What is Additional Customs Duty ? Ans. Here is an extract of the judgement of Hon'ble Supreme Court in the case of Collector of Customs Vs. Presto Industries 2001 (2) TMI 133 - Supreme Court. Additional duty of Customs - Nature and Scope - Additional duty is in addition to Customs Duty levied under....
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.... Customs Act, 1962 and not a Countervailing duty - Scrap or waste material of imported goods arising in Kandla Free Trade Zone not having been paid additional duty, not entitled for benefit of exemption from excise duty under Notification No. 16/83-C.E. - Section 3 of Customs Tariff Act, 1975. - A perusal of Section 3(1) of the Customs Tariff Act shows that on any article i....
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....mported into India, a duty in addition may be levied to be called 'additional duty' equal to the excise duty for the time being leviable as may be in force on an item manufactured in India and in case it is not so manufactured as may be leviable on the class or description of articles to which the imported article belong. It is also clear that the 'additional duty' is in addition to the Customs Du....
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....ty levied under Customs Act, 1962 on any article which is imported into India. The additional duty is in addition to what is specified in the first and second schedule of the Customs Tariff Act. It is not called a counter-vailing duty, it may though result in serving such purpose for manufacture of such articles in India. It is to be noticed here that sub-section (3) of Section 3 of th....
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....e Customs Tariff Act make a provision for levy of additional duty as would counter-balance the Excise Duty leviable on any raw material which may be over and above any duty levied under sub-section (1). It is a provision independent of sub-section (1) of Section 3 taking care of counter balancing of Excise Duty. 1999 (5) TMI 29 - Supreme Court; 1985 (6) TMI 178 - Supreme Court relied on]. [p....
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....ara 8]. Q. What is Special Additional Customs Duty ? Ans. This is Special Additional Duty (SAD) levied under Section 3 (5) of the Customs Tariff Act whereas Additional Customs Duty is levied under Section 3 (1) and 3(3) of the Customs Tariff Act. The object is to provide equal and fair environment/conditions to the manufacturers who are engaged in similar products in India. Hence it is....
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.... called Special Additional Duty (SAD). --Reply By: KASTURI SETHI The Reply: Q. What is CENVANT credit of CVD ? Ans. Correct word is CENVAT. It stands for Central Value added Tax. CENVAT came into force w.e.f. 1.4.2000. Earlier it was known as MODVAT (Modified Valued Added Tax). CVD stands for Countervailing duty. CVD is equal to Central Excise duty levied on a like product manufactured ....
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....in India. CVD is imposed when excisable goods are imported. CENVAT Credit/Modvat Credit was available on CVD. "Purpose of CVD is to protect the domestic market from unhealthy competition. If there is no excise duty on the goods produced domestically, there is no question of levying CVD on imported goods" ----Supreme Court in the case of Ahujasons Shawl 2015 (8) TMI 337 - Supreme Court. CVD is not ....
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....Customs duty. CVD is levied under Section 3(1) of the Customs Tariff Act whereas Customs Duty is levied under Section 12 of the Customs Act. --Reply By: Shilpi Jain The Reply: Any CVD paid now you cannot take credit you may go for refund of it. <br>***<br> Discussion Forum - Knowledge Sharing....