2012 (12) TMI 1116 - CGOVT - Customs

Summary

Issues Involved:
1. Incorrect application and claim of drawback under Rule 6.
2. Rejection of supplementary claims as time-barred.
3. Applicability of Rule 17 for condonation of delay.

Summary:

1. Incorrect application and claim of drawback under Rule 6:
The exporter-respondents, M/S Cummins India Ltd., incorrectly applied for, claimed, and received drawbacks under Rule 6 of the Drawback Rules, 1995, despite All Industry Drawback rates being notified for their goods under Rule 3. The Department initiated proceedings for recovery of excess paid drawback under Rule 16 by issuing three Show Cause Notices, which were adjudicated by the Commissioner of Customs, Pune.

2. Rejection of supplementary claims as time-barred:
The respondents filed supplementary claims under Rule 15 for the period from May 2005 to February 2010, which were rejected by the Assistant Commissioner of Customs, ICD Dighi, as time-barred. The Commissioner (Appeals) allowed the appeals, but the applicant department contended that the supplementary claims were not filed within the stipulated time limit and were not covered by the original Show Cause Notices and Order-in-Original dated 21.03.2011.

3. Applicability of Rule 17 for condonation of delay:
The respondents argued that the delay in filing supplementary claims should be condoned under Rule 17, which allows the Central Government to exempt exporters from provisions of the rules for reasons beyond their control. However, the Government noted that Rule 17 empowers only the Central Government to grant such relaxation and no such extension was granted in this case. The Government held that the claims were hit by time limitation and set aside the Order-in-Appeal, restoring the Order-in-Original.

Conclusion:
The Revision Application succeeded, and the impugned Order-in-Appeal was set aside for not being legal, restoring the Order-in-Original.