9911796707
TMI Blog2021 (6) TMI 1139X X X X Extracts X X X X X X X X Extracts X X X X ..... remaining 174 Shipping Bills were fully realized, however, the Bank has deducted some amount on account of Bank charges. Government observes that the issue of Bank charges was also raised by the Applicant before the original authority but the same was not considered. Central Board of Indirect taxes Customs, vide Circular No. 33/2019- Customs (issued vide F. No. 609/19/2019-DBK) dated 19.09.2019, has clarified that duty drawback is not recoverable where the export proceeds realized are short on account of bank charges deducted by foreign banks. The said instructions are clarificatory in nature. Thus, Government holds that the entire matter pertaining to the deduction of bank chargers and recovery of proportionate drawback amount correspondi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise duties and Service Tax Drawback Rules, 1995. Accordingly, a show cause notice dated 03.08.2016 was issued to the Applicant for the recovery of availed drawback amount of Rs. 88,16,720/- along with interest. Demand of Rs. 7,60,244/- along with interest accrued thereon was confirmed by the Dy. Commissioner of Customs, Kolkata, vide the above said Order-in-Original dated 09-05-2017. Aggrieved, the Applicant filed an appeal before the Commissioner (Appeals) who vide the OIA No. KOL/CUS(CCP)/AA/946/2017 dated 07.09.2017 rejected the appeal as barred by limitation. Thereafter, in compliance of CESTAT's Final Order No. FO/75819/2018 dated 11.04.2018, the impugned OIA came to be passed. The Commissioner (Appeals) has rejected the appeal on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rounds that the Applicant did not receive the export proceed against the 02 Shipping Bills within specified period and in the remaining Shipping Bills, the export proceeds were not realized in full. Applicant, in the revision application and also during the course of personal hearing, has admitted that the export proceeds in respect of 02 Shipping Bills had not been realized in specified time period and no extension has been granted. Hence, there is no infirmity in the orders of lower authorities to this extent. The only issue to be decided here is that whether the recovery of proportionate drawback amount from the Applicant in respect of the remaining 174 Shipping Bills on account of shortfall in realization of export proceeds is valid. Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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