S,Gopikrishnan
26 March 2009 at 11:02

Filing revised bill of entry

In course of import in to India our customer had wrongly filed bill of entry using our vendor invoice instead of our invoice. the Po is in US dollars. This happened in the month of Oct 08. Our customer is not willing to revise bill of entry. Our vendor invoice is for a very low value as a result of which we might be paid very less when compared to Po value.
How can this be resolved.


Nitin Khandelia
24 March 2009 at 14:45

Credit availment on which duty

Hello,
In case of imports of goods so many duty charged like below:
BCD@10%
CVD@14%
Education cess on CVD@2%
Secondary&higher CVD@1%
Custom Educational Cess@2%
Custom Secondary & Higher Education Cess@1%
Addtional Duty(Imports)@4%
tell me on which type of duty(as above) we take input credit and which duty include in our purchase cost.also tell duty(as above) which set off by other tax also.


sanjay
23 March 2009 at 09:51

modvat

Dear Sir,
I have had a transaction with an MNC company who have manufacturing facilities in India (registered in excise) & they also have at 7-8 manufacturing facilities across globe . They import refrigeration units from their other locations & sell as it is in India.
I had purchased a refrigeration unit with them , the bill raised by them shows basic value ,CVD & sales tax . On top of bill heading says Delivery challan Cum Retail invoice. However invoice didn't had any excise no. information.
Now I want to claim modvat & asked them for the same. They are saying that they can not pass modvat & value shown is just a build up. For information earlier while releasing PO I had not mentioned anything about Modvat .Please suggest if I can get setoff.


Ranga

Dear Experts,

Could you clarify the CVD paid on imported inputs used for providing output sevice only not involving any manufacturing, the credit eligible for input cenvat Credit. As per Cenvat Credit Rules no credit will be available if final product exempt from exise duty or if there is no manufacturing of the goods.

If eligible give provisions of the act with referecne of section/rule

Thanks in advance


Guest
12 March 2009 at 23:47

Interest Provisions

In Warehousing in customs there are three types of assesses and they have different Warehousing periods as given below

100% EOU Capital goods 5yrs
100% EOU Finished goods 3yrs
Other Importers 1 year

In Interest provisions U/s 61(2) it is written that for 100 % EOU calculation rate of interest on delayed payment starts after 5years/ 3yrs till the date of actual payment of duty.

It is also given that for Other Importers Interest is chargeable after the expiry of 90 days. Hence MY QUESTION: Is the Interest payable in first 90 days? or after the Expiry of 1 year and then after 90 days thereof Interest will be payable.


Murai Majhi

We have supplied to one SEZ after 10.02.2006 without charging ED / ST, and received payment in INR. We have not taken any advance license for the supplies. Now we want to claim DBK / DEPB for the same. Please guide us, can we claim the same. If so, what document we require to claim the benefit and time frame to claim. If bill of export is not available, what is the procedure to claim the benefit. Can any other documents e.g. ARE1 will solve the purpose ??


Ravi Chandra Prakash

X a private limited compnay engaged in the provision of software services( Not registered as an STPI Unit) to the compnaies with in the group and the softwrae services are exported with out obtaining IEC.
1. Is it required to take IEC, as the services are provided to the group compnaies only
2. If IEC is not taken what are all the implications
3. What are the obligations to be fulfilled if IEC is taken and software services are exported.
4. What obligations to be fulfilled for the exports made before obtaining IEC.


Radhika
26 February 2009 at 09:37

Refund of Import Duty

If any provision of Refund of Custom Duty Against local sale.

Client says that if he sells Local sales & sumbit bills to custom dept 4% duty will be refunded.

if any provision relating to this please tell those provision.

Is this duty draw back or cash assistance

Urgent


PRAHLADBHAI
21 February 2009 at 19:05

Rfund of Additional Customsa Dusty.

Hello Sir. I have complid notification for claiming refund of additional duty of customs but commissioner reject my refund claim on the basis that My client has debited Addutional Customs duty in P & L A/c. so it is deemed to be passed on.


Can you sugget any case-laws against this decision of Commissioner. Plz reply me as early as possible.


Guest
18 February 2009 at 14:11

section 54 :Transshipment of goods

Under section 54 bill of transhipment is required to be filed with proper officer.
My question is that Who is required to file this bill of transshipment?Person in charge who brought the goods in to india or the person in charge of new ship who will take it to another port?
Also it has nowhere been stated that that what other documents are required to be filed along with bill of transshipment.how will proper officer verify that the person filing this bill is authorised to take these goods?





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