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set off duty paid on import goods

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(Querist)
04 February 2011 i have paid duty on imported goods (which were earlier exported and returned for repairs). Now can i set off same duty against
excise duty payable. if yes, plz mention the case law if any?
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
05 February 2011 Yes you can take the input credit of import duty paid on returned goods. No need for case laws, It is allowed as per cenvet rule.
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K A Asmath

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K A Asmath (Expert)
07 February 2011 Only CVD and SAD are cenvatable and other duties are not eligible for set off against the Excise duty payable on removal of other goods.
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