Excise Duty Liability on Set-off on VAT

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2010

Dear Experts,

Recently, Excise Audit was done at our factory.

The Audit Team raised a query to pay Excise Duty of the set-off claimed by us as per State VAT Law.

Kindly guide me stating Case Law / CBSC circular / Guideline.

Reards

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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26 June 2010 State VAT cannot setoff with excise payable both are different. The excise audit team is correct

Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2010 Vat Set-off claimed against liability of State Vat payment only and not against Excise Duty payment.

The Audity team demands additional excise duty payment on such Vat-Setoff

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Querist : Anonymous

Querist : Anonymous (Querist)

26 June 2010 Vat Set-off claimed against liability of State Vat payment only and not against Excise Duty payment.

The Audity team demands additional excise duty payment on such Vat-Setoff

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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26 June 2010 As per my understanding from your point there is some mistake while calculate the Excise valuation, what setoff against you did. please write completely