This is a summary of a case involving an application for ...

Customs Authority's Discretion Upheld in Shipping Bill Conversion Case Under Customs Act, 1962.

August 28, 2024

Case Laws     Customs     AT

This is a summary of a case involving an application for conversion of shipping bills under the NFEI scheme to the drawback scheme and the consequent duty drawback u/s 74 of the Customs Act, 1962. The key points are: The authority has discretionary power to allow or reject the conversion based on circumstances. The shipping bills' eligibility for conversion is not a matter of right but subject to the authority's discretion. The identity of the re-exported goods must be established to the satisfaction of the customs officer for granting drawback u/s 74. Physical examination of goods may be required for identification, and the officer's discretion in this regard cannot be curtailed. Non-declaration of drawback claim on the shipping bill as required u/r 4 of the Drawback Rules is a mandatory requirement, and non-compliance can lead to rejection. The Tribunal found the exercise of discretion by the authority to be fair and reasonable, and upheld the rejection of the appeal.

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