9911796707
TMI BlogChanges in the provisions relating to Drawback in the Customs Act, 1962 by Finance Act, 1995 - Re-export of Imported Goods, (Drawback of Customs Duties) Rules, 1995 and the Customs and Central Excise Duties Drawback Rules, 1995X X X X Extracts X X X X X X X X Extracts X X X X ..... him within three months from the date of filing of his claim.Interest on erroneous excess drawback recoverable (3) Similarly where an exporter has been paid erroneous or excess drawback and fails to repay the same within three months from the date for demand, he shall be liable to pay interest on the amount recoverable.Retrospective all industry rates (4) Central Government shall be empowered to announce All Industry Rates of Drawback even with retrospective effect from a date not prior to the date of change in rates of duties on the inputs used in the export product.Rule making power u/s 74 (5) Section 74 has been amended to empower Central Government to make rules for the purpose of the said section.New Rules Notified 2. In order to give effect to the changes effected in the Act and also to streamline the existing rules, it was considered necessary to revise the Customs and Excise Duties Drawback Rules, 1971. Accordingly Customs and Central Excise Duties Drawback Rules, 1995 have been issued issued vide Notification No. 37/ 95-Customs & Central Excise (NT) dated the 26th May,1995, in supersession of 1971 rules. Re-export of Imported Goods (Drawback of Customs Duties) Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be given to the exporter. Where claim form is incomplete a deficiency memo must be issued within fifteen days of its receipt from the postal authorities. The exporter can resubmit his form after compliance with deficiencies within a period of 30 days. If such a claim is found to be in order, the same should be acknowledged and the period of three months for payment of drawback in terms of section 75A in such cases shall commence from the date of such acknowledgment.Filing of Claim for Drawback on goods exported other than by post (ii) The procedure for filing a claim for drawback in case of goods exported other than by post has been specified in rule 13. The claim is required to be filed in triplicate in the form prescribed in the rules within three month from date relevant for applicability of amount or rate drawback in terms of sub-rule (3) or rule 5. i.e. within three months from the date of "Let Export" Order. The claim has to be accompanied by documents specified in sub-rule (2) of Rule 13. The claims which are complete in all respects are required to be affixed with Dated Receipt Stamp and an acknowledgment should be issued to the exporter within fifteen days from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 75A. (d) Since the interest is required to be paid for the period commencing from three months after the date of filing of claim by the exporter till date of payment, it has been specified in rule 14 that in case of payment by cheque to the exporter or his agent, the date of cheque shall be the date of payment whereas in case of credit in the exporter's account maintained in the Custom House, the date of such credit shall be deemed to be the date of payment Commissioners should ensure that issue of cheque should be done as immediately as possible after sanction/ pre audit. For this purpose the issue of cheques should be on weekly basis without fail.Procedure for filing of Supplementary claims (e) Supplementary claim will require to be filed within three months from the date of Public Notice / Notification of revision of All Industry Rates, or from the date of communication of Brand Rate, and in other cases from the date of payment or settlement of original drawback claims. The procedure for issue of acknowledgement or deficiency memo as prescribed in case of fresh claims also applied to supplementary claims. Any differential claims for drawback arising out of appellate/ R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e date of enactment will require to be paid with interest at the prescribed rates. Provision has therefore been made in the rules for disposal of all such pending claims in accordance with the provisions of new rules. Thus where as such claims need not be filed by the exporter again in the form prescribed under rule 11 or rule 13, such claims could be treated to have been so filed. In case the claims are complete in all respects, the amount of drawback should be paid within three months from the date of commencement of new rules (i.e. 26.5.1995). In case the claims are not complete, a deficiency memo must be issued within fifteen days from the date of commencement (26.5.1995) of these rules. However, these claims should be settled within 3 months from the date (i.e. 26.5.95) of commencement of Finance Act, 1995, failing which interest would be payable. Commissioners should therefore ensure special efforts for disposal of the pending claims of Drawback including putting staff on overtime. Provision has also been made permitting the exporters to file claims in respect of export made before the commencement of these rules within three months from the date of commencement of new rules. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim within the prescribed period of three months, he may permit claim to be filed within a further period of three months. As instructed in sub-para (iv) of para (c) relating to Section 75 claims, the file should be put up to the Deputy Commissioner/ Addl. Commissioner for concurrence.Orders passed in Appeal / Revision etc. (b) Where an order for payment is made by Commissioner (appeals), the Central Government or any Court against an order of a proper officer of Customs, the exporter may file a claim within three months from the date of receipt of orders so passed.Date of payment of drawback (c) Since the interest is required to be paid from the date of expiry of three months from the date of filing of a claim upto the date of payment, rule 6 provides that the date of cheque in case of payment by cheque and the date of credit to the exporter's account where exporter maintains account in the Custom House shall be deemed to be the date of payment of drawback and interest.Recovery of excess or erroneous drawback (d) Any excess or erroneous drawback and interest paid to the exporter can be recovered by issue of a demand under rule 7 and if such an amount is not paid within three ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
