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TMI Blog2012 (9) TMI 992X X X X Extracts X X X X X X X X Extracts X X X X ..... t and have duly been issued an Export Import code by the concerned authorities. According to the petitioners, in usual course of business the petitioners imported 3695 pieces of spectacle frames covered by Bills of Entry Nos. 469758 dated 24th October, 2007; 472786 dated 15th November, 2007; 495089 dated 8th April, 2008; 506307 dated 16th June, 2008; 513500 dated 28th July, 2008 and 528249 date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s re-exported 1182 pieces of spectacle frames under Shipping Bill No. AEF 6900987 dated 20th May, 2009 after complying with the requisite customs formalities. On or about 17th August, 2009, the petitioners made an application seeking refund of duty. Several reminders were also sent. No action was taken for almost two years. By a letter dated 15th June, 2011, the Assistant Commissioner of Cus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ustoms Act, 1962 provides that when any goods capable of being easily identified, which have been imported into India upon payment of import duty, are entered into export and the proper officer makes an order permitting clearance, 98% of the import duty would have to be repaid as drawback. For the purpose of allowing duty drawback, the Central Government has from time to time framed rules. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ost by reason of the DEPB Scheme. Tax lying to the credit of an assessee cannot also stand forfeited by reason of discontinuance of the DEPB scheme. Alternate options of availing draw back exist. Moreover, other options for availing draw back may bave to be devised. May be, as argued by Mr. Bharadwaj, there was admitted delay in re-export of the goods. This is, however, not to be construed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grievances with regard to the balance refund are redressed within one month from the date of communication of this order. The Commissioner of Customs shall ensure that all amounts due and payable to the petitioner are actually disbursed and/or credited to the petitioners within two weeks from the date of his decision along with interest. Urgent certified copy of this order, if applied for, be s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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