Powered by InfodriveIndia.com

Drawback U/S 74 of the Customs Act in respect of Re-exported Goods, Customs Circular No 72/2002, 01-11-2002


Date: 01-11-2002
Notification No: Customs Circular No 72/2002
Issuing Authority: Indian Customs  
Type: Circular
File No:
Subject: Drawback U/S 74 of the Customs Act in respect of Re-exported Goods
Drawback U/S 74 of the Customs Act in respect of Re-exported Goods

Customs Circular No. 72 dated 1st November 2002

ASSOCHAM have represented to Board that member exporters are facing difficulties in availing duty drawback in respect of goods, which were imported earlier and are subsequently re-exported under section 74 of the Customs Act. It is reported that in such cases Customs insist that for the purpose of availing drawback under section 74, the goods should be re-exported back to the same supplier who has supplied the goods. In some cases Customs is reportedly that for the purpose of availing drawback u/s 74, re-export of the goods imported earlier should take place from the same port through which the goods were imported.

2.      The issued is examined. Drawback on re-export of goods (which were imported earlier) is eligible in terms of Section 74 of the Customs Act and re-export of imported goods (Drawback of Customs Duties) Rules, 1995 outline procedure to be followed for availing drawback. Customs notifications have also been issued u/s 74 of the Custom Act specifying the percentage of duty drawback, which is available in respect of such re-exported goods. Neither Section 74 nor relevant Rules or Customs Notification require that for the purpose of availing drawback u/s 74 of Customs Act, the goods should be re-exported back to the same supplier or that such re-export should only take place from the port through which the goods were imported earlier.

3.      It is, therefore, clarified that so long as the conditions specified in Section 74 of Customs Act, Re-exported of Imported Goods (Drawback of Customs of Customs Duties) Rules, 1995 and relevant notification issued under section 74 are fulfilled, drawback u/s 74 should be allowed on merits without insisting on re-export of goods to the same supplier or the re-export should take place from the same port.

4.      Suitable Public Notice for the Guidance of Trade and Standing Order for customs field officers may be issued.

5.      Receipt of this Circular may kindly be acknowledged.

       


Enquiry Form

Fields marked with an asterisk * are required.

 




What is New?

Date: 27-02-2015
Central Excise Circular No. 995/01/2015-CX
Regarding Central Excise and Service Tax Audit norms to be followed by the Audit Commissionerates

Date: 20-02-2015
Notification No 112 (RE-2013) / 2009-2014
Removal of Minimum Export Price (MEP) on export of Potato.

Date: 20-02-2015
Customs Notification No. 05/ 2015
Seeks to amend various notifications to include Airport Calicut and ICD Arakkonam in list of ports notified for export and import under EP Schemes

Date: 19-02-2015
Customs Notification No 25/2015 (NT)
Rate of exchange of conversion of each of the foreign currency with effect from 20th February, 2015

Date: 18-02-2015
Customs Notification No. 05/2015-Customs (ADD)
Seeks to levy definitive anti-dumping duty on imports of acetone, originating in or exported from Korea RP, for a period of five years

Date: 18-02-2015
RBI/2014-15/474 A.P. (DIR Series) Circular No.79
Guidelines on Import of Gold by Nominated Banks / Agencies

Date: 17-02-2015
DGFT Public Notice No.87/(RE 2013)/2009-14
Cancellation of validity of Multiple IECs against single PAN a reg.

Date: 16-02-2015
Customs Notification No 23/2015 (NT)
Amends Notification No. 64/94-Customs(N.T.)dated 21.11.1994

Date: 16-02-2015
Customs Notification No 24/2015 (NT)
Amends Notification No. 64/94-Customs(N.T.)dated 21.11.1994

Date: 16-02-2015
Customs Notification No. 04/ 2015
Seeks to exempt part of customs duty on import of Urea under Urea Off-Take Agreement between the Government of India and Oman-India Fertilizer Company S.A.O.C.