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Set off of customs u/s 3(1).3(5) with excise duty

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(Querist)
26 June 2012 is it possible to Set off of customs duty paid u/s 3(1).3(5) with excise duty
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CA CS Amit S. Kedia

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CA CS Amit S. Kedia (Expert)
26 June 2012 Yes, it can be set off against the excise duty since it is also the excise duty and corresponding output excise duty is not possible.
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CA Navin Jain

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CA Navin Jain (Expert)
26 June 2012 if comapny is a manufacturing company and paying excise duty then it possible to set off custom duty under sec 3(1) and 3(5).

However, if company is trading company and paing vat/cst then the company is eligiable to claim the reund of custom duty paid u/s 3(5) from custom deptt.
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