2013 (2) TMI 775 - CGOVT - Customs

Duty Drawback - recovery on the ground applicant failed to submit the Bank Realization Certificate in respect of export sale proceeds within-stipulated time - Held that - The adjudicating authority was required to mention the shipping bill in the SCN. Applicant has claimed to have lost copy of SCN. In such a situation, the case is required to be remanded back to original authority to consider the matter afresh after intimating the details of shipping bills against which BRC was still pending as per records of department - appeal allowed by way of remand.

Summary

Issues:
Recovery of duty drawback due to failure to produce Bank Realization Certificate (BRC) for export sale proceeds within stipulated time. Failure to specify relevant shipping bills in the order-in-original. Appeal rejection by Commissioner (Appeals).

Analysis:
The case involves M/s Maestro Fashions availing duty drawback scheme for exports without producing BRC for sale proceeds in foreign exchange within the required timeframe. The original authority ordered recovery of drawback amount already received due to non-compliance with BRC submission. The Commissioner (Appeals) upheld this decision. The applicant contended that the order-in-original did not specify the relevant shipping bills for which BRCs were required, making it challenging to submit the necessary certificates. The applicant claimed to have submitted consolidated details of all BRCs for exports made through Tirupur, attested by the Bank, which were not considered by the authorities. The applicant argued that without specific shipping bill references, the demand for drawback was not sustainable.

During the personal hearing, the applicant reiterated these grounds, emphasizing the submission of all relevant BRCs. The Central Government reviewed the case records and noted the lack of BRC submission within the stipulated time frame, leading to the ordered recovery of the drawback amount. However, considering the applicant's argument regarding the absence of shipping bill references in the order-in-original, the Government decided to set aside the impugned orders and remand the case to the original authority for fresh consideration. The applicant was instructed to submit all relevant BRCs for proper evaluation, with a reasonable opportunity for a hearing. The decision aimed to ensure compliance with the law and address the applicant's concerns regarding the lack of specific shipping bill details in the initial order.