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TMI BlogAmendments in 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 ..... the Customs and Central Excise Duties Drawback (Amendment) (No.2) Rules, 2003. 2. They shall come into force on 1 st April, 2003. 3. In the Customs and Central Excise Duties Drawback Rules, 1995 (hereinafter referred to as the said rules), in rule 6,- (1) in sub-rule 1,- (i) for clause (a), the following clause shall be substituted, namely:- "(a) Where no amount or rate of drawback has been determined in respect of any goods, any manufacturer exporter or exporter of such goods may, within sixty days from the date relevant for the applicability of the amount or rate of drawback in terms of sub-rule (3) of rule (5), apply in writing to the Commissioner of Central Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, as the case may be, may, after considering the application, allow provisionally payment of an amount not exceeding the amount claimed by the manufacturer exporter or exporter in respect of such export: Provided that the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, as the case may be, may, for the purpose of allowing provisional payment of drawback in respect of such export, require the manufacturer exporter or exporter to enter into a general bond for such amount, and subject to such conditions, as he may direct; or to enter into a bond for an amount not exceeding the full amount claimed by such manufacturer exporter or exporter as drawback in respect of a particular consignment and bindi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the case may be; or (b) direct the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, as the case may be, to withdraw the rate of drawback or amount of drawback determined." 4. In rule 7 of the said rules,- (i) for sub-rule (1), the following rule shall be substituted, namely:- "(1) Where, in respect of any goods, the manufacturer exporter or exporter finds that the amount or rate of drawback determined under rule 3 or, as the case may be, revised under rule 4, for the class of goods is less than four-fifth of the duties paid on the materials or components used in the production or manufacture of the said goods, he may within sixty days from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Customs and Central Excise, as the case may be, in writing in this behalf in the manner as has been provided in clause (a) of sub-rule (2) of rule 6 for the applications made under that rule and the grant of provisional drawback shall be considered in the manner and subject to the conditions specified in clauses (b) and (c) of sub-rule (2), and sub-rule (3) of rule 6, subject to the condition that bond required to be executed by the claimant shall only be for the difference between amount or rate of drawback determined under rule 3 or, as the case may be, revised under rule 4 by the Central Government and the provisional drawback authorised by the Commissioner of Central Excise or the Commissioner of Customs and Central Excise, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Customs and Central Excise or Assistant Commissioner of Central Excise, as the case may be," shall be substituted; (iii) in the second proviso, in clause (b), for the words, "Commissioner of Customs", the words, "Commissioner of Customs and Central Excise or Commissioner of Central Excise, as the case may be," shall be substituted. S.S. Renjhen Joint Secretary to the Government of India F.No.609/18/2003-DBK. Note: The Customs and Central Excise Duties Drawback Rules, 1995, were notified vide Customs notification No.37/95-Cus.(NT) dated 26 th May, 1995 which was published in the Gazette of India (Extraordinary), vide GSR No.441(E) dated the 26 th May, 1995 and was last amended by Customs n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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