17 July 2012
my company purchase 1 item from china & seller charge price of 2 item after all settlements with custom and foreign transfer we realize our mistake and seller provide those 1 item free of cost what is remedy and accounting treatment of those transaction.
18 July 2012
GENERALLY import of any goods, whether imported free of cost or on payment, would attract normal applicable customs duties. The same principle would hold good for import of goods received as replacement where duty would have to be paid irrespective of the fact as to whether the goods are imported for a price or whether the goods are imported free of cost as warranty replacement. This legal position has been upheld by the Tribunal in the case of New Vedio Limited Vs Commissioner of Customs, New Delhi, 1996 (87) ELT 509. It is well settled position in Central Excise also that goods removed from factory as replacement, whether free of cost or for a price, would attract excise duty.
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