Home Case Index All Cases Customs Customs + HC Customs - 2010 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 96 - HC - CustomsDuty Drawback – payback – non receipt of foreign exchange within six months but realized within extended period – repayment of duty drawback - Rule 16A - Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 - The provision is very clear that unless and until the sale proceeds are realized within the initial time period allowed under the Foreign Exchange Regulation Act, 1973 or any extended period, the drawback taken by the exporter cannot be recovered. This primary condition has not been fulfilled in the present case. Thus, there is no question of the respondents retaining the amount of drawback recovered from the petitioner. We may point out that this is not a case where the exporter is claiming return of the recovered drawback amount on the ground that it has subsequently realized the sale proceeds after the period provided for such sale proceeds had expired. The petitioner has, in fact, made the realization during the extended period. Therefore, it is not a case which would fall under Rule 16A(4), which pertains to cases where the sale proceeds are recovered from the exporters because the sale proceeds have not been received during the permissible period. – return of duty drawback allowed – decided in favor of assessee
|