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TMI Blog2021 (5) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... d allowed nor has the extension been granted by the competent authority under FEMA. Further, the provisions of rule 16A(1) enabling recovery of drawback if the export proceeds are not realized within the period allowed under FEMA, including any extension of such period, is not merely a procedural requirement. It is to be observed that drawback is paid before realization of export proceeds and recovery thereof is initiated if such proceeds are not realized within the period prescribed, including any extension of such period. If the requirement of realization within prescribed period is not treated as a mandatory condition, the process of recovery shall remain an unending exercise and thereby render the provisions of Rule 16A(1) otiose. As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of Respondent that the Applicant had failed to submit the proof to the effect that the export proceeds in respect of the aforesaid Shipping Bill had been realized, in terms of Rule 16A of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995. Accordingly, show cause notice was issued to the Respondent for the recovery of drawback availed amount of Rs. 2,80,749/- along with interest. Demand of Rs. 2,80,749/- was confirmed by the Deputy Commissioner of Customs, Drawback CFS, OWPL, Ludhiana, vide Order-in- Original No. 35/DC/BRC/OWPL/LDH/2016 dated 15.03.2016. Aggrieved the applicant filed an appeal before the Commissioner (Appeals), which was rejected. 3. The revision application has been filed, mainly, on the ground t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the period allowed nor has the extension been granted by the competent authority under FEMA. 5.2 Further, the provisions of rule 16A(1) enabling recovery of drawback if the export proceeds are not realized within the period allowed under FEMA, including any extension of such period, is not merely a procedural requirement. It is to be observed that drawback is paid before realization of export proceeds and recovery thereof is initiated if such proceeds are not realized within the period prescribed, including any extension of such period. If the requirement of realization within prescribed period is not treated as a mandatory condition, the process of recovery shall remain an unending exercise and thereby render the provisions of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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