Mrp based duty

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pareek

pareek (Querist)
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07 February 2013 In mrp based duty it is possible that bcd higher then cvd?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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11 March 2013 In Budget 2001, Maximum Retail Price (MRP) based valuation for the purpose of levy of additional duty was introduced. In this the retail value marked on the input package after standard abatement is used to arrive at the whoesale as the base for application of additional duty. Now RSP (Retail Selling Price) is also used as the base for valuation.

eminent expert pls cmts.

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pareek

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23 September 2015 but sir my ans is still pending....

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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03 August 2024 Yes, it is possible for Basic Customs Duty (BCD) to be higher than Countervailing Duty (CVD) under certain circumstances. This typically depends on the specific duties and taxes imposed on imported goods and the interplay between them. Here's a breakdown:

### **1. Understanding MRP-Based Duty**

**MRP-Based Duty:** In India, some goods are subject to excise duty based on the Maximum Retail Price (MRP). The MRP-based duty is calculated after applying an abatement to the MRP.

**Basic Customs Duty (BCD):** This is the primary import duty levied on goods entering the country.

**Countervailing Duty (CVD):** This duty is levied to counterbalance the excise duty that would have been payable if the goods were produced domestically. CVD is applicable on imports to ensure fair competition between imported and domestically manufactured goods.

### **2. Possible Scenarios**

1. **Higher BCD than CVD:**
- **Scenario:** BCD may be set at a higher rate than CVD. For example, if the BCD is 20% and CVD is 12%, the BCD is higher.
- **Implication:** When BCD is higher, the import cost increases more significantly compared to CVD.

2. **Rates Based on Classification:**
- **Specific Goods:** The rates of BCD and CVD can vary depending on the classification of goods, the country of origin, and government policies.

3. **Changes in Duty Structure:**
- **Revised Policies:** Duty rates are subject to change based on government policy, budget announcements, and trade agreements.

### **3. Example**

Assume you import goods with the following duties:
- **BCD:** 20% on the assessable value of the goods.
- **CVD:** 12% on the assessable value of the goods.

If the assessable value of the imported goods is Rs. 100,000:
- **BCD:** Rs. 100,000 × 20% = Rs. 20,000
- **CVD:** Rs. 100,000 × 12% = Rs. 12,000

In this case, the BCD (Rs. 20,000) is higher than the CVD (Rs. 12,000).

### **4. MRP-Based Duty Application**

When MRP-based duty applies:
- **Abatement:** An abatement percentage is applied to the MRP to determine the assessable value for excise duty calculation.
- **Excise Duty:** The duty is calculated on this assessable value.

### **5. Practical Implications**

- **Cost Analysis:** Businesses should analyze the total import cost including BCD, CVD, and any other applicable duties and taxes.
- **Pricing Strategy:** Understanding the impact of these duties helps in setting the pricing strategy for the goods.

### **6. Consultation with Professionals**

For accurate and detailed advice, consult with a customs or tax professional who can provide guidance based on the latest regulations and your specific circumstances.

In summary, it is indeed possible for BCD to be higher than CVD depending on the duty rates set by the government for specific goods. This needs to be taken into account while calculating the total import duty and planning the cost structure.

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