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TMI BlogExemption of ADDL CVDX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Sir, Under Customs notification no 21/2012 Sr.no 2 which enables us for exemption of ADDl CVD (4%) on pre-packed commodities with affixed MRP and which are intended for Retial Sale only. Further if MRP pre-packed goods with affixed MRP on it if supplied for industrial use under EX-bond clearance from Customs, then even after affixing MRP on it whether we can claim exemption of ADDL CV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D 4% duty. Please explain and please give us any reference regarding this.Thanks Regards. - Reply By CA Surender Gupta - The Reply = As per the sr. no. 2 of the notification no. 21/2012 customs , the conditions is that, it must be intended for retail sale . The words intended for was under the scrutiny of the Supreme Court in the matter of JK. COTTON SPG. WVG. MILLS CO. LTD. Vers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us SALES TAX OFFICER, KANPUR [1964 (10) TMI 2 - SUPREME COURT OF INDIA] Accordingly, the scope of the intended for is not narrow. All the facts and circumstances are to be analyzed to see whether the conditions of the notifications have been fulfilled or not. The decision of the apex court as above, have been followed in number of decisions specifically relating to Cenvat Credit and C-Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms in CST Act, 1957. Apart from this, the Manufacturer may be eligible for Cenvat Credit of such 4% SAD. Therefore, a careful and considered decision is required in view of factual details and circumstances. - Reply By CA Surender Gupta - The Reply = Also see: Commissioner of Central Excise, Udaipur Versus M/s. Chambal Fertilizers and Chemicals Ltd. [2016 (8) TMI 935 - CESTAT NEW DEL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... HI] wherein it was held that, The benefit of notification to urea for use in fertilizer has to be decided at the time of clearance of the goods itself from the factory. In my view actual use of urea as fertilizer is not envisaged in the impugned notification. Since there is all the intention at the time of clearance that urea to be used as fertilizer and there is no intention that urea wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l not be used as fertilizers, hence the benefit of exemption to urea will apply to all quantity of urea even if some quantity of urea is subsequently destroyed or lost due to transportation, re-bagging and standardization. - Exemption of ADDL CVD - Query Started By: - SANDESH SHINDE Dated:- 23-10-2015 Customs - Import - Export - Customs - SEZ - Got 2 Replies - Customs - Discussion Forum - Know ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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