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of <h1>Court quashes order exceeding limitation period, lacking mechanism for duty drawback, and authority for reassessment.</h1> <h3>M/s Jairath International And Anr. And Rajesh Dhanda Versus Union of India And Ors.</h3> M/s Jairath International And Anr. And Rajesh Dhanda Versus Union of India And Ors. - 2019 (370) E.L.T. 116 (P & H) Issues Involved:1. Reasonable period of limitation to issue show cause notice.2. Absence of mechanism to raise demand of duty drawback.3. Power of Respondent to reassess value of goods already exported.Detailed Analysis:1. Reasonable Period of Limitation to Issue Show Cause Notice:The court examined the issue of the reasonable period for issuing a show cause notice for the recovery of duty drawback. It was observed that the period of 5 years from the date of export/assessment is considered reasonable, as established in the judgments of the Supreme Court and various High Courts, including State of Punjab vs. Bhatinda District Co-Op. Milk P. Union Ltd. and Gupta Smelters Pvt. Ltd. vs. Union of India. In the present case, the show cause notice dated 4.9.2014 was issued for goods exported during 2007-08 to April 2012. The court concluded that the demand for the period 2007-08 to September 2009 was raised beyond the reasonable period of 5 years and thus was not sustainable, while the remaining demand was within the permissible period.2. Absence of Mechanism to Raise Demand of Duty Drawback:The court held that the mechanism to declare already paid duty drawback as excess and demand its recovery is missing in Rule 16 of the Drawback Rules, 1995. This finding was consistent with the judgment in Famina Knit Fabs vs. UOI & Ors. The court noted that the Drawback Rules, 1995, do not provide a specific procedure for such reassessment and recovery, making the demand under Rule 16 unsustainable. Consequently, the order-in-original dated 25.11.2016 demanding duty drawback was quashed.3. Power of Respondent to Reassess Value of Goods Already Exported:The court scrutinized whether the Respondent had the authority to reassess the value of goods that had already been exported. It was determined that neither Section 14 of the Customs Act, 1962, nor the Valuation Rules, 2007, empower the Respondent to reassess the value of goods post-export. The court emphasized that the term 'export goods' applies only to goods intended to be taken out of India, not those already exported. Additionally, the court referenced the Supreme Court's judgment in ITC Ltd. vs. Commissioner of Central Excise, Kolkata-IV, which clarified that refund proceedings under Section 27 of the Customs Act are in the nature of execution proceedings and do not permit reassessment of already assessed goods. The court concluded that the Respondent lacks the power to reassess the value of goods already exported under Rule 16 of the Drawback Rules, 1995, or the Valuation Rules, 2007.Conclusion:The court allowed the writ petitions on all counts, namely, limitation, absence of mechanism, and lack of power to reassess goods already exported. The impugned order dated 25.11.2016 was quashed, and no costs were imposed. The judgment reaffirms the principles established in Famina Knit Fabs and aligns with the Supreme Court's interpretation in ITC Ltd. vs. Commissioner of Central Excise, Kolkata-IV.
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