2010 (4) TMI 879 - CGOVT - Customs

Interest on delayed payment of duty drawback - re-export of machinery parts imported - commissioner of Customs (Appeals) allowed full drawback claim - appellant not received any balance amount of Drawback - Later the exporter requested for sanction of interest under Section 75A of the Customs Act 1962 for the delayed Drawback amount Held that - Appellants were requested to produce the documentary evidence with proper acknowledegment by the department for having filed the claim as stipulated under the Drawback Rules which they failed - Drawback amount was hit by the limitation of time and erroneous payment had been made - High Court under writ jurisdiction cannot direct the customs authorities to ignore time limit provided under Section 27 of Customs Act, 1962 even though High Court itself may not be found by the time limit of said section - claim hit by limitation

Issues:
1. Validity of supplementary drawback claim and interest under Section 75A of the Customs Act, 1962.
2. Interpretation of Rule 5(5) of the Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995.
3. Submission of documentary evidence for the supplementary claim within the statutory time limit.
4. Legality of the show-cause notice for recovery of the refund.
5. Applicability of time limits under Section 27 of the Customs Act, 1962.

The judgment involves a Revision Application filed against an Order in Appeal regarding a supplementary drawback claim. The applicant sought 98% duty remission for re-exported machinery parts but was initially granted only 50% due to a delay in export. The appellant later claimed the remaining amount, which was rejected. The appellate authority allowed the full drawback claim, but the balance amount was not received promptly, leading to a request for interest under Section 75A of the Customs Act, 1962. The dispute centered on the timeliness of the supplementary claim submission and the subsequent rejection of the claim due to alleged time limitations.

The main grounds of submission in the Revision Application were that the order-in-appeal was against the law and facts of the case, and the claim was made within the stipulated time period. The applicant argued that the rejection of the legitimate claim for interest was wrong. The direction to repay the amount to the Department was deemed illegal, and the applicant claimed entitlement to the amount as drawback duty legitimately due to them. The High Court directed a decision within three months, leading to a personal hearing where both parties presented their arguments.

The Government analyzed the provisions of Rule 5(5) of the Drawback Rules, focusing on whether the rule was mandatory or optional. The rule required filing a claim within three months of the appellate order, and the Government interpreted the provision as mandatory. The second issue revolved around the submission of the supplementary claim within the statutory time limit. The Government found discrepancies in the documentary evidence provided by the applicant, concluding that the claim was filed after the stipulated period. The legality of the show-cause notice for refund recovery was upheld, citing the absence of prescribed time limits under Rule 7 of the Drawback Rules.

Following the principles of judicial discipline and citing relevant Supreme Court judgments, the Government rejected the Revision Application as devoid of merit. The judgment emphasized the importance of adhering to statutory time limits and upheld the legality of the actions taken by the customs authorities. The decision was made in accordance with legal provisions and established judicial precedents, leading to the rejection of the application.

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