2006 (9) TMI 60 - AT - Customs

Commissioner dismisses drawback claim due to lack of proof; appellant's appeal allowed based on established documents

SEER FASHIONS Versus COMMISSIONER OF CUSTOMS (IGI), NEW DELHI

The Commissioner (Appeals) dismissed the appellant's claim for drawback amounting to Rs. 72,090 due to a lack of proof of export under the claim. Despite ... Drawback claim – Appellant was demanding for drawback but the relevant paper were lost/misplaced by Custom House – Authority after considering the fact allow the appeal with consequential relief Issues:Claim for drawback amounting to Rs. 72,090 in relation to four exports made to USA in October 1990. Rejection of the claim by the Assistant Commissioner of Customs due to alleged failure to produce relevant documents. Appeal filed before the Commissioner (Appeals) against the rejection of the claim.Analysis:The appellant filed a claim for drawback amounting to Rs. 72,090 in connection with exports made to the USA in October 1990. The appellant submitted all necessary documents to establish the claim, and a receipt was issued to them. However, no payment was made due to the claim and relevant papers being lost in the Customs House. Despite repeated efforts by the appellant to provide the required documents, the claim was ultimately rejected by the Assistant Commissioner of Customs on the grounds of failure to produce relevant documents.The appellant, aggrieved by the rejection, appealed before the Commissioner (Appeals). The Commissioner, after reviewing the case file and submissions, observed that while there seemed to be some genuineness in the appellant's claim, there was a lack of proof of export under the claim for drawback. As a result, the appeal was dismissed by the Commissioner (Appeals), upholding the rejection of the claim due to the absence of supporting documents.In response to the rejection, the appellant argued that all necessary papers had been filed in 1990 and that the export was established through bank certificates, airway bills, and other documents. The appellant emphasized their efforts to cooperate with the Customs authorities and questioned the denial of the claim despite the acknowledgment of the claim's genuineness. The appellant contended that the denial of the claim was unjust, considering the established basis of the claim and the supporting documents provided.The learned DR highlighted the procedural requirement for the sanctioning of drawback claims based on relevant and prescribed documents. However, it was noted that the appellant had filed the necessary documents, and the authorities had acknowledged the claim before losing the relevant papers. The appellant's claim was supported by bank realization certificates and other documents, indicating the legitimacy of the claim. Therefore, the denial of the claim solely due to the loss of documents by the Customs authorities was deemed unjust and irresponsible.Consequently, the appeal was allowed, providing consequential relief to the appellant. The decision was made in consideration of the established basis of the claim and the supporting documents provided by the appellant, despite the loss of records by the Customs authorities.