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TMI BlogThe Customs and Central Excise Duties Drawback Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... chargeable on any imported materials or excisable materials used in the manufacture of such goods; (b) excisable material means any material produced or manufactured in India subject to a duty of excise under the Central Excise Act, 1944 (1 of 1944); (c) export , with its grammatical variations and cognate expressions, means taking out of India to a place outside India or taking out from a place in Domestic Tariff Area (DTA) to a special economic zone and includes loading of provisions or store or equipment for use on board a vessel or aircraft proceeding to a foreign port; (d) imported material means any material imported into India and on which duty is chargeable under the Customs Act, 1962 (52 of 1962); (e) manufacture includes processing of or any other operation carried out on goods, and the term manufacturer shall be construed accordingly; (f) tax invoice means the tax invoice referred to in section 31 of the Central Goods and Services Tax Act, 2017 (12 of 2017). 3. Drawback. (1) Subject to the provisions of (a) the Customs Act, 1962 (52 of 1962) and the rules made there under; (b) the Central Excise Act, 1944 (1 of 1944) an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... components and intermediate products which are used in the manufacture of goods; (d) the average amount of duties paid on materials wasted in the process of manufacture and catalytic agents: Provided that if any such waste or catalytic agent is re-used in any process of manufacture or is sold, the average amount of duties on the waste or catalytic agent re-used or sold shall also be deducted; (e) the average amount of duties paid on imported materials or excisable materials used for containing or, packing the export goods; (f) any other information which the Central Government may consider relevant or useful for the purpose. 4. Revision of rates.- The Central Government may revise amount or rates determined under rule 3. 5. Determination of date from which the amount or rate of drawback is to come into force and the effective date for application of amount or rate of drawback. (1) The Central Government may specify the period upto which any amount or rate of drawback determined under rule 3 or revised under rule 4, as the case may be, shall be in force. (2) Where the amount or rate of drawback is allowed with retrospective effect, such amount or rate sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sand rupees whichever is less, shall be payable for applying for grant of extension to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be. (b) On receipt of an application under clause (a), the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, shall, after making or causing to be made such inquiry as it deems fit, determine the amount or rate of drawback in respect of such goods. (2)(a) Where an exporter desires that he may be granted drawback provisionally, he may, while making an application under clause (a) of sub-rule (1) apply to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, that a provisional amount be granted to him towards drawback on the export of such goods pending determination of the amount or rate of drawback under clause (b) of that sub-rule. (b) The Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, after considering the application, allow provisionally payment of an amount not exceeding the amount claimed by the exporter in respect of such export: Provided that the Principal Commissioner of Customs or Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hty per cent. of the duties paid on the materials or components used in the production or manufacture of the said goods, he may, except where a claim for drawback under rule 3 or rule 4 has been made, within three months from the date relevant for the applicability of the amount or rate of drawback in terms of sub-rule (3) of rule 5, make an application to the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, having jurisdiction over the place of export, for determination of the amount or rate of drawback thereof stating all relevant facts including the proportion in which the materials or components are used in the production or manufacture of goods and the duties paid on such materials or components: Provided that - (i) in case an exporter is exporting the aforesaid goods from more than one place of export, he shall apply to the Principal Commissioner or Commissioner of Customs, having jurisdiction over any one of the said places of export; (ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of three months and that the Principal Commi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the case may be, revised under rule 4 by the Central Government and the provisional drawback authorised by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, under this rule. (4) Where the Central Government considers it necessary so to do, it may, (a) revoke the rate of drawback or amount of drawback determined under sub-rule (2) by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be; or (b) direct the Principal Commissioner of Customs or the Commissioner of Customs, as the case may be, to withdraw the rate of drawback or amount of drawback determined. Explanation.- For the purpose of this rule, place of export means customs station or any other place appointed for loading of export goods under section 7 of the Customs Act, 1962 (52 of 1962) from where the exporter has exported the goods or intends to export the goods in respect of which determination of amount or rate of drawback is sought. 8. 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 or class of goods under rule 6 or rule 7, as the case may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12. Procedure for claiming drawback on goods exported by post. (1) Where goods are to be exported by post under a claim for drawback under these rules,- (a) the outer packing carrying the address of the consignee shall also carry in bold letters the words DRAWBACK EXPORT ; (b) the exporter shall deliver to the competent Postal Authority, alongwith the parcel or package, a claim in the Form at Annexure I, in quadruplicate, duly filled in. (2) The date of receipt of the aforesaid claim form by the proper officer of Customs from the postal authorities shall be deemed to be date of filing of drawback claim by the exporter for the purpose of section 75A and an intimation of the same shall be given by the proper officer of Customs to the exporter in such form as the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may prescribe. (3) In case the aforesaid claim form is not complete in all respects, the exporter shall be informed of the deficiencies therein within fifteen days of its receipt from postal authorities by a deficiency memo in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) the materials or components, which have been stated in the application under rule 6 or rule 7 to have been imported, continue to be so imported and are not being obtained from indigenous sources. 14. Manner and time for claiming drawback on goods exported other than by post.- (1) Electronic shipping bill in Electronic Data Interchange (EDI) under the claim of drawback or triplicate copy of the shipping bill for export of goods under a claim of drawback shall be deemed to be a claim for drawback filed on the date on which the proper officer of Customs makes an order permitting clearance and loading of goods for exportation under section 51 and said claim for drawback shall be retained by the proper officer making such order. (2) The said claim for drawback should be accompanied by the following documents, namely:- (i) copy of export contract or letter of credit, as the case may be; (ii) copy of ARE-1, wherever applicable; (iii) insurance certificate, wherever necessary; and (iv) copy of communication regarding rate of drawback where the drawback claim is for a rate determined by the Principal Commissioner of Customs or Commissioner of Customs, as the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nicating the said rate to the person concerned; (iii) in all other cases, from the date of payment or settlement of the original drawback claim by the proper officer: Provided further that (i) the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may extend the aforesaid period of three months by a period of nine months and that the Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may further extend the period by a period of six months; (ii) the Assistant Commissioner of Customs or Deputy Commissioner of Customs or Principal Commissioner of Customs or Commissioner of Customs, as the case may be, may, on an application and after making such enquiry as he thinks fit, grant extension or refuse to grant extension after recording in writing the reasons for such refusal; (iii) an application fee equivalent to 1% of the FOB value of exports or one thousand rupees whichever is less, shall be payable for applying for grant of extension by the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be and an application fee of 2% of the FOB value or two thousand rupees whiche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods exported from the Domestic Tariff Area to a special economic zone. (2) If the exporter fails to produce evidence in respect of realisation of export proceeds within the period allowed under the Foreign Exchange Management Act, 1999, or any extension of the said period by the Reserve Bank of India, the Assistant Commissioner of Customs or the Deputy Commissioner of Customs, as the case may be, shall cause notice to be issued to the exporter for production of evidence of realisation of export proceeds within a period of thirty days from the date of receipt of such notice and where the exporter does not produce such evidence within the said period of thirty days, the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, shall pass an order to recover the amount of drawback paid to the claimant and the exporter shall repay the amount so demanded within thirty days of the receipt of the said order: Provided that where a part of the sale proceeds has been realised, the amount of drawback to be recovered shall be the amount equal to that portion of the amount of drawback paid which bears the same proportion as the portion of the sale pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch exporter or agent from the provisions of such rule and allow drawback in respect of such goods. 20. Repeal and saving. (1) From the commencement of these rules, the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 shall cease to operate. (2) Notwithstanding such cesser of operation (a) every application made by a manufacturer or an exporter for the determination or revision of the amount or rate of drawback in respect of goods exported before the commencement of these rules but not disposed of before such commencement shall be disposed of in accordance with the provisions of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 as if these rules had not been made; (b) any claim made by an exporter or his authorised agent for the payment of drawback in respect of goods exported before the commencement of these rules but not disposed of before such commencement shall be disposed of in accordance with the provisions of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 as if these rules had not been made; (c) every amount or rate of drawback determined under the Customs, Central Excise Duties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. Signature of Supdt. Of Customs/Central Excise Date: Place: Part-III Forwarded alongwith ________ parcels to the Superintendent, foreign Post Office, New Delhi. Postal receipt No. _____________. Post Master Post Office Date and Seal of Post Office Part-IV Inspected ____________ parcels and found the seal intact. Examined _________ parcels where the seals were not found intact. Pass for export Please detain for further action Signature of Examiner/Inspector Post Appraising Department Date: Place: Seal of Office _________________________ (Place) Part-V Certified that the parcels detailed herein have been exported out of India on ____________ by _____ Air/Sea Ex. S.S. ____________. Forwarded to the Commissioner/Principal Commissioner of Customs ___________. Signature of Superintendent Foreign Post Office Date: Place: ANNEXURE-II APPLICATION FOR SUPPLEMTARY CLAIM FOR DRAWBACK UNDER RULE 16 (Where the drawback received falls short of the rate finally fixed by the Government, application for supplementary claim of drawback should be made in the following form) To The Assistant/Deputy ..... X X X X Extracts X X X X X X X X Extracts X X X X
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