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2015 (5) TMI 1023 - CGOVT - CustomsRecovery of drawback amount where export proceeds not realized - Exporter were granted drawback with regard to exports made by them vide Nine (9) shipping bills, subsequently, demand of drawback already sanctioned was confirmed on the ground that in respect of 2 shipping bills, the date of realization was not mentioned and in respect of remaining 7 shipping bills, the realization date was beyond the stipulated time period and no Reserve Bank of India’s permission for such extension, if any, was submitted - Held that:- as per the the provisions of recovery of amount of drawback where export proceeds not realized stipulated under Rule 16A of the Customs, Central Excise and Service Tax Duty Drawback Rules, 1995 and the relevant sub-rules (2) and (4) of the Rule 16A is recoverable, if the export proceeds are not submitted within stipulated time limit or extension given by Reserve Bank of India, if any. Therefore, as the realization were made beyond one year stipulated period and there is a gap of more than two years between the date of export and date of realization of export proceeds and also the appellant failed to submit any extension of Reserve Bank of India regarding realization of export proceeds, the applicants are liable to pay drawback availed by them for the reasons of failure to realize foreign exchange within stipulated time limit or Reserve Bank of India’s extension, if any. - Application rejected
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