2006 (6) TMI 280 - AT - Central Excise

Drawback - Limitation - Delay in filing drawback claim - HELD THAT - A plain reading of direction of Central Board of Excise and Customs, it would make it clear that, a liberal approach has to be adopted by the lower authority while disposing the application of condonation of delay, in respect of drawback claims. It is now settled law that the directives of the Board are binding as the officers. In this case the lower authorities have not followed the directives in its letter and spirit. Accordingly, the application for condonation of delay in filing the drawback claims is allowed, impugned order set aside and the matter is remanded back to lower authorities to process the drawback claims in accordance with law. Appeals allowed.

Summary

Issues:
Delay in filing duty drawback application, Condonation of delay, Interpretation of Customs & Central Excise duties DBK Rules, 1995, Compliance with directives of Central Board of Excise and Customs.

Analysis:
The case involved appeals against Orders-in-Original regarding the export of goods under duty drawback claim. The appellant exported Metribuzin 70% WP (Pesticide) and filed duty drawback applications beyond 60 days but within 90 days from the date of export. Their application for condonation of delay was rejected by the Commissioner. The Commissioner's decision was based on the proviso to Rule 6 of Customs & Central Excise duties DBK Rules, 1995, which required applicants to seek extension before the expiry of 60 days with concrete reasons beyond their control. The Commissioner found the reasons provided by the appellant, such as late receipt of export documents and distance problems, insufficient to justify the delay.

The Tribunal noted that the Commissioner did not consider the appellant's request for condonation of delay with a sufficient cause. Referring to a directive from the Central Board of Excise and Customs, the Tribunal emphasized the need for a liberal approach in condoning delays for duty drawback applications. The directive highlighted that a manufacturer/exporter could file a simple request for an extension of 30 days beyond the usual 60-day period. The Tribunal held that the lower authorities did not follow the directive in its letter and spirit, emphasizing the binding nature of such directives on officers.

In light of the directive and the need for a liberal approach, the Tribunal allowed the application for condonation of delay, set aside the impugned order, and remanded the matter back to the lower authorities for processing the drawback claims in accordance with the law. The appeals were allowed, emphasizing the importance of complying with the directives issued by the Central Board of Excise and Customs in matters related to duty drawback applications.