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Is cvd u/s 3(3),leviable if basic customs duty is exempted

sudeep (Executive - Costing) (24 Points)

06 May 2013

Is cvd u/s 3(3),3(5) is leviable if basic customs duty is exempted or nil

kindly advuse on the above question

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2 Replies

CA MANOJ (CA, MBA, B.Com) (141 Points)
Replied 18 May 2013

CVD is in nature of excise and also the artes are governed by 1st and 2nd schedule of CETA 1985. So if ED is Nil or exempted on goods then CVD will also be Nil.

Jairam J (CA, B.COM(Hons.)) (382 Points)
Replied 02 June 2013

Exemption from basic customs duty cannot meet exemption from additional duty. When goods are exempted from basic customs duty in terms of section 12 of the Customs Act,1962, it would not mean that they are exempted from additional duty of customs also, as basic additional customs duty is leviable under Section 3 of the Customs Tariff Act, 1975.