TMI Blog2015 (7) TMI 852X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Act clearly stipulates that when the payment for an export transaction is not received with the time permitted by the Indian exporter, the drawback would be deemed to never have been allowed unless exceptions are made by rules by the Central Government. Fundamental premise of the petitioner is completely flawed. It does not stand to reason that an exporter whose export transaction has not been paid for by the foreign buyer would jeopardise the Central Government twice over in not only availing of the cover provided by ECGC, which is a government organisation, but also seeking the benefits of the duty drawback under Section 75 of the said Act despite the failed export transaction. The basis for allowing duty drawback is that the econ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate order by way of a revision and the revisional authority, being a Joint Secretary to the Union Government, set aside the appellate order and restored the order of the assessing officer. 4. Two grounds have been canvassed on behalf of the petitioner that in view of Section 122A(2) of the Customs Act, 1962 the revisional authority was obliged to grant the adjournment that the petitioner had sought since the petitioner was entitled to at least three adjournments in course of the proceedings; and, that upon the payment due from the foreign buyer being substantially recovered by the petitioner from ECGC, there was no question of the duty drawback being disallowed. 5. In support of the second ground canvassed, clause 2.25.1 of the Han ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erit. 9. The provision relied on from the Handbook of Procedures does not expressly apply to duty drawback. Indeed, duty drawback is covered by Section 75 of the said Act. The second proviso to sub-section (1) of Section 75 of the said Act clearly stipulates that when the payment for an export transaction is not received with the time permitted by the Indian exporter, the drawback would be deemed to never have been allowed unless exceptions are made by rules by the Central Government. The petitioner can cite no exceptions in this case. 10. In any event, the fundamental premise of the petitioner is completely flawed. It does not stand to reason that an exporter whose export transaction has not been paid for by the foreign buyer would j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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