Explain the provisions for claiming duty drawback and also ascertain whether the exporter is entitled to duty drawback in the following independent cases and if yes, state the amount of such duty drawback: (a) FOB value

CS Professional · Advanced Tax Laws and Practice · PYQS · June 2019
Explain the provisions for claiming duty drawback and also ascertain whether the exporter is entitled to duty drawback in the following independent cases and if yes, state the amount of such duty drawback: (a) FOB value of goods exported is ₹5,50,000. Rate of duty drawback on such export of goods is 1.75%.

Answer & Explanation:

As per Rule 8(1) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, no amount of drawback shall be allowed if the rate of drawback is less than 1% of the FOB value, except where the amount of drawback per shipment exceeds ₹500/-. Further, as per section 76(1)(c) of the Customs Act, 1962 drawback is not allowed where the drawback due in respect of any goods is less than ₹50/-. In the given case, since the rate of duty drawback is not less than 1% the drawback due works out ₹9625/- (1.75% of FOB value of ₹5,50,000/-) which is more than ₹50/-. Duty drawback of ₹9625/- shall be allowed.

Topics: Customs Act, 1962

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