9911796707
TMI Blog2014 (5) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... back was paid to them on account, of the said exports. As per provisions of Rule 16A of the Customs & Central Excise Duties Drawback Rules, 1995, (hereinafter referred to as the "DBK Rules") if the export proceeds are not realized within period allowed under Foreign Exchange Management Act, 1999 (42 of 1999) including any, extension of such period, the duty drawback sanctioned and paid shall be recovered in the manner specified in the Customs Act and the Rule made there under. The Reserve Bank of India vide Regulation 9 of the Foreign Exchange Management (Export of goods and serves) Regulation 2000, formed by virtue of powers conferred under Section 7 & 47 of the Foreign Exchange Management Act, 1999 read with Section 8 ibid prescribed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ursuing the buyer to realize the payment but due to severe recession in the U.K. market, the buyers are seeking some more time from the applicants. The respondent ought to have appreciated the fact that the applicant had informed the adjudicating authority that they have applied to the RBI through their bank namely, ICICI, The Mall, Kanpur, seeking extension of the period in respect of delay in realization of sale proceeds of those exported goods and the RBI has duly ceased of the matter and is making an enquiry from the Bank of the Applicants. The aforesaid compliance by the applicants and the letter dated 28-3-2011 of the RBI clearly shows that request of the applicants for extension of the period is under consideration and pending decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 16A(4) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995. In terms of Rule 16(4) of the Rule, ibid the Applicant in accordance with law are entitled for benefit of drawback and the impugned orders deserves to be set aside or matter may be remanded to the Adjudicating Authority with necessary directions to keep proceeding in abeyance till disposal of extension Application by the Reserve Bank of India. 5. Government of India vide revision order Nos. 306-307/13-Cus., dated 19-12-2013 rejected the revision applications filed by the applicant. Subsequently, the applicant challenged the said GOI order in W.P. No. 166/2014 before Hon'ble Allahabad High Court, who vide order dated 13-3-2014 [2014 (305) E.L.T. 126 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be necessary for the purposes of determining the correctness of the submissions of the petitioner. The petitioner shall appear before the Revisional Authority with a certified copy of this order on 2 April 2014, failing which the petitioner would loose the benefit of this order and the Union Government would be at liberty to make recovery in accordance with law. The writ petition is, accordingly, disposed of." 6. In compliance of said order of Hon'ble High Court, Shri Promod Kumar Rai, Manager of the applicant company appeared for hearing on 2-4-14 by JS (RA) and stated that they have submitted E-BRCs for all 13 shipping bills and reiterated the submissions made in their written reply dated 26-3-2014. In their letter dated 26-3-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by Reserve Bank of India till 31st March 2014. 7. On perusal of records, Government observes that original authority vide impugned Orders-in-Original confirmed the demand of that portions of already availed drawback claim as exporter had failed to submit BRCs evidencing realisation of export sale proceeds in respect of shipping bills in question. Government of India vide GOI Revision Order No. 306-307/13-Cus., dated 19-12-2013 has upheld impugned order-in-appeal. Now, in compliance of Hon'ble High Court, the case has been taken up for fresh consideration. 8. This authority requested the original authority to verify the correctness/genuineness of E-BRCs submitted by the applicant claiming realisation of export sale proceeds in r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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