Refund of DBK and SCN u/s 75 of Customs act

We exported in Sep 2020 and realised 90% of shopping boll value before shipment but 10% only in Dec 21. Dept asks proportionate refund of DBK plus interest. Could we avoid this?

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Quick Summary
This discussion concerns a company that exported goods in September 2020 but only received 10% of the payment in December 2021. The customs department is requesting a proportionate refund of Duty Drawback (DBK) along with interest. The exporter questions whether this is avoidable, arguing that drawback reversal should only apply to non-payment, not delayed payment. They are seeking clarification on the implications of Section 75 of the Customs Act and Rule 16A regarding time limits for export realisation and potential extensions.

Drawback needs to be reversed only for non payment and not delayed payment.

But Sec 75[1] and Rule 16A mention about time period, unless extended by RBI. Here, no extension of time frame. So we are in a dilemma 

Extension is always there for exports proceeds realization

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