Home Case Index All Cases Customs Customs + CGOVT Customs - 2016 (6) TMI CGOVT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (6) TMI 68 - CGOVT - CustomsDemand of ineligible duty drawback with interest and imposition of penalty - Section 117 of the Customs Act, 1962 - Applicant were initially granted drawback for exports made by him - Sale proceeds realized beyond the stipulated period - Applicant claimed that sale proceeds were received by their bank within stipulated period and they have submitted the copies of Bank Realization Certificates (BRCs) in reply to impugned SCN but the same were not taken into consideration. Held that:- the BRCs are required to be verified to determine its authenticity, validity and as to whether the export proceeds were received within stipulated period including any extensions by RBI as claimed by the applicant. Also, the BRCs submitted by the applicant must conform the manner and format as prescribed by the DGFT. As such, the cases are required to be remanded for fresh consideration. It was the responsibility of the applicant to submit evidence of receipt of sale proceeds immediately upon receipt which they admittedly failed to do. However, in the interest of justice, the applicant will submit these BRCs in original along with evidence that these were indeed submitted in response to the Show Cause Notice to enable verification of the same to the satisfaction of the original authority within 4 weeks of the receipt of this Order before the original Adjudicating Authority for consideration in accordance with provisions of law and passing suitable orders. The penalty in terms of Section 117 of customs Act, 1962 will also be re-determined accordingly by the original authority, subject to the outcome of the verification. Government therefore, sets aside impugned order and remands the case back to original authority for fresh consideration. - Revision Application disposed of
|