TMI Blog2014 (3) TMI 840X X X X Extracts X X X X X X X X Extracts X X X X ..... h 2014 - The case of the petitioner, as set up in the writ petition, is that the petitioner has in fact realised the sale proceeds. Matter remanded back to the Revisional Authority to verify the documentary evidence which has been relied upon by the petitioner for the purposes of establishing the realisation of the export proceeds within the extended period of time as granted by the Reserve Bank of India in respect of the shipping bills covered by the duty drawback which has been received. - Decided partly in favor of assessee. - Writ Tax No. - 166 of 2014 - - - Dated:- 13-3-2014 - Dr. Dhananjaya Yeshwant Chandrachud,CJ And Dilip Gupta,JJ. For the Petitioner : Pankaj Bhatia, Gopal Verma For the Respondent : A. S. G. I. ,Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Recovery of amount of Drawback where export proceeds not realised: (1) Where an amount of drawback has been paid to an exporter or a person authorised by him (hereinafter referred to as the claimant) but the sale proceeds in respect of such export goods have not been realised by or on behalf of the exporter in India within the period allowed under the (Foreign Exchange Management Act, 1999 (42 of 1999), including any extension of such period, such drawback shall except under circumstances or conditions specified in sub-rule (5), be recovered in the manner specified below: Provided that the time-limit referred to in this sub-rule shall not be applicable to the goods exported from the Domestic Tariff Area to a special economic zone. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-rule (2) or sub-rule (3) and the exporter produces evidence about such realisation within a period of three months from the date of realisation of sale proceeds, the amount of drawback so recovered shall be repaid by the Assistant Commissioner of Customs or Deputy Commissioner of Customs to the claimant, provided the sale proceeds have been realised within the period permitted by the Reserve Bank of India. The petitioner had moved the Reserve Bank of India for granting extension of time to realise the payments of export proceeds. From the order of the Revisional Authority, it appears that the Reserve Bank had initially allowed the extension of time for realisation of the proceeds until 13 June 2013. Subsequently, on 5 March 2014 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of time as granted by the Reserve Bank of India in respect of the shipping bills covered by the duty drawback which has been received. In order to facilitate this exercise, we set aside the impugned order of the Joint Secretary of the Union Government dated 19 December 2013 and restore the proceedings back to the Revisional Authority for disposal afresh. The Revisional Authority shall verify whether the petitioner has in fact received all the export proceeds covered by the shipping bills in question within the time as extended by the Reserve Bank of India. We would expect that this exercise shall be completed expeditiously and preferably within a period of three months of the production of the certified copy of this order before the Revisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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