TMI BlogGrant of All Industry rate of duty drawback to merchant exporters- reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... Duty Drawback shall be restricted to the Customs allocation only, if any. Export goods purchased from the market shall be treated as having availed the Modvat facility and would not be entitled to the Central Excise allocation of the All Industry Rate of Drawback. 2. In this regard references have been received in the Board from the Directorate General of Foreign Trade (DGFT), Federation of Indian Export Organizations (FIEO) and exporters stating that some Custom Houses were insisting on non-availment of Cenvat declarations from merchant exporters of garments who were not purchasing their goods from manufacturers but were sourcing their export goods from traders. The Custom Houses were denying full All Industry rate of duty drawback (inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty. Therefore as far as merchant exporters are concerned, the full drawback rate has to be made available to him for neutralization of excise duty paid when clearing the goods from the manufacturer's premises". The Committee has further remarked that "in case of manufacturer exporters there could be a possibility of double benefit if he were to claim both Cenvat benefit as well as full duty drawback. Therefore, the only cases for checking whether Cenvat has been availed or not, can conceivably pertain to manufacturer-exporters and not to merchant exporters". 5. The report of the Drawback Committee has been examined in the Board. The goods available in the market are deemed to be duty paid goods. Hence they bear an element of central exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the drawback of the central excise portion and also the rebate of terminal excise duty paid on goods at the time of their clearance to the local market. Such rebate is presently not possible in terms of No.19/04- CE (NT) and 20/04-CE (NT) as the rebate is granted only if goods are exported directly from the factory/ warehouse and not from the market. However, as an abundant precaution, the merchant exporters sourcing their goods from the market and claiming central excise portion of duty drawback may be asked to specifically declare, at the time of export, that no rebate (both input rebate and final product rebate) shall be taken against the exports made against these shipping bills. 7. In view of the above, the Board has decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Drawback) Annexure Declaration to be submitted by merchant exporters who purchase goods from traders for export 1. Shipping bill no. and date 2. Description of goods 3. Export Invoice no. and date 4. Name and complete address of the trader from whom export goods have been purchased. Declaration I, ______________________________ _________________________, hereby declare that I am not the manufacturer of the export goods and am not registered with central excise. I have purchased these goods from a trader who is also not registered with the central excise. I declare that no rebate (input rebate or/and final product rebate) shall be taken against the export (s) made against this shipping bill. Merchant exporter's ..... X X X X Extracts X X X X X X X X Extracts X X X X
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