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2016 (10) TMI 566 - SC - CustomsRecovery of Duty drawback - non receipt of export proceeds - demand of duty with interest - jurisdiction of Assistant Collector of Customs - Rule 16A of the Duty Drawback Rules 1995 - Section 75 of Customs Act, 1962 - whether Rule 16A of the Duty Drawback Rules 1995 had retrospective effect and the drawback before 06.12.1995 can be recovered? - Held that: - Suffice is to point out that the effect of Section 75 of the Customs Act, 1962, is that in case value/price of the goods exported is not received, it is to be presumed as if no drawback was ever allowed and in that view of the matter, the duty drawback which was taken by the appellant had to be refunded. That would be the position even de hors Rule 16A of the Duty Drawback Rules, 1995. Therefore, Rule 16A is a clarificatory provision clarifying the position of law which already exists in the form of Section 75 of the Customs Act, 1962, and therefore, will have retrospective effect - drawback to be recovered. - Decided against the appellant. On drawback of excise duty, the refund was granted along with 12% Simple Interest, though the said amount is refunded but the interest component has not been released to the appellant till date. If that be so, then the amount of interest shall be released in favour of the appellants within three months.
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