Customs and Central Excise Duties Drawback (Amendment) Rules, 1986 - 330/86 - Customs -Tariff

Customs and Central Excise Duties Drawback (Amendment) Rules, 1986 Notification No. 330/86-Cus. Dated 31-5-1986 In exercise of the powers conferred by section 75 of the Customs Act, 1962 (52 of 1962) and section 37 of the Central Excises and Salt Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the Customs and Central Excise Duties Drawback Rules, 1971, namely:- 1. (1) These rules may be called the Customs and Central Excise Duties Drawback (Amendment) Rules, 1986. (2) They shall come into force on the 1st day of June, 1986. 2. In rule 6 of the Customs and Central Excise Duties Drawback Rules, 1971 (hereinafter referred to as the said rules), in sub-rule (1), in clause (a), - (a) In the opening paragraph for the words "within one hundred and twenty days from the date of export of such goods", the words "at any time before the date of export of such goods" shall be substituted; (b) in the proviso, - (i) for the words "within the aforesaid period of one hundred and twenty days", the words "within the aforesaid time" shall be substituted; (ii) for the words "sixty days", the words "thirty days from the date of export of such goods" shall be substituted. 3. In rule 7 of the said rules, in sub-rule (1), - (a) In the opening paragraph, for the words "within one hundred and twenty days from the date of export of the said goods", the words "at any time before the date of export of the said goods", shall be substituted; (b) in the proviso, - (i) for the words "within the aforesaid period of one hundred and twenty days", the words "within the aforesaid time" shall be substituted; (ii) for the words "sixty days", the words "thirty days from the date of export of the said goods" shall be substituted. 4. After rule 7 of the said rules, the following rule shall be inserted, namely:- "7A. Cases where no amount or rate of drawback is to be determined - No amount or rate of drawback shall be determined in respect of any goods under rule 3, rule 6 or, as the case may be, rule 7, the amount or rate of drawback of which would be less than two per cent of the F.O.B. Value thereof.", 5. In rule 16 of the said rules, after sub-rule (3), the following sub-rule shall be inserted, namely:- "(4) Notwithstanding anything contained in these rules, as amended by the Customs and Central Excise Duties Drawback (Amendment) Rules, 1986, - (a) Where a manufacturer or exporter has exported any goods within a period of one hundred and twenty days immediately proceeding the date of commencement of the Customs and Central Excise Duties Drawback (Amendment) Rules, 1986, and has not filed any application for the determination of the amount or rate of drawback on such goods before the date of such commencement, such manufacturer or exporter may make his application within the period prescribed for such application before such commencement or within a period of sixty days from the date of such commencement, whichever period expires earlier; and (b) where a manufacturer or exporter exports any goods within a period of sixty days from the date of commencement of the Customs and Central Excise Duties Drawback (Amendment) Rules, 1986, such manufacturer or exporter may make his application for the determination of the amount or rate of drawback on such goods within a period of sixty days from such commencement."