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2021 (6) TMI 1139 - GOVERNMENT OF INDIADuty drawback - demand on the grounds that the Applicant did not receive the export proceed against the 02 Shipping Bills within specified period and in the remaining Shipping Bills, the export proceeds were not realized in full - whether the recovery of proportionate drawback amount from the Applicant in respect of the remaining 174 Shipping Bills on account of shortfall in realization of export proceeds is valid? HELD THAT:- Application has contended that export proceeds in respect of the remaining 174 Shipping Bills were fully realized, however, the Bank has deducted some amount on account of Bank charges. Government observes that the issue of Bank charges was also raised by the Applicant before the original authority but the same was not considered. Central Board of Indirect taxes & Customs, vide Circular No. 33/2019- Customs (issued vide F. No. 609/19/2019-DBK) dated 19.09.2019, has clarified that duty drawback is not recoverable where the export proceeds realized are short on account of bank charges deducted by foreign banks. The said instructions are clarificatory in nature. Thus, Government holds that the entire matter pertaining to the deduction of bank chargers and recovery of proportionate drawback amount corresponding thereto needs to be relooked. It would be in the interest of justice that the matter is remanded back to the original authority with the direction to decide the matter afresh, on merits, as far as it pertains to the deduction of bank charges and recovery of proportionate drawback amount on account thereof, keeping in view the instructions contained in Board’s Circular dated 19.09.2019 - Revision application disposed off.
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