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Customs - Highlights / Catch Notes

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Drawback recovery case involving third-party payments for export ...


Export firm's duty drawback claim upheld as bank records proved local supplier payments, overruling authorities' view.

Case Laws     Customs

October 16, 2024

Drawback recovery case involving third-party payments for export transactions. Petitioner contended payments made to local supplier through banking channels, evident from bank statements. High Court held no proper investigation conducted regarding payments to local supplier by Revisional Authority, whose view of non-existence of supplier not based on proper investigation. Bank witnesses confirmed receipt of payments through banking channels. Since export proceeds realized within FEMA stipulated period, petitioner entitled to duty drawback and no justification for freezing bank account. Revisional Authority's order dated 18.08.2022 unsustainable, petition disposed of.

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