Export-proceeds evidence must be considered before duty drawback recovery liability is determined, while unsupported non-service objections fail.
Duty drawback recovery for alleged non-realisation of export proceeds should be determined only after material official evidence of realisation, including DGFT receipts, is considered. A challenge based on non-service of a show-cause notice or denial of hearing is not established where no material proves non-receipt and available opportunities were not used. Procedural fairness nevertheless requires a further opportunity to substantiate realisation of export sale proceeds when the supporting documents could affect repayment liability. Recovery must therefore be determined after evaluating the relevant documentary material.
Issues: (i) Whether the adjudication was invalid for want of service of the show-cause notice and opportunity of hearing; (ii) Whether the adjudication concerning recovery of duty drawback required reconsideration in light of receipts said to establish realisation of export sale proceeds.
Issue (i): Whether the adjudication was invalid for want of service of the show-cause notice and opportunity of hearing.
Analysis: Section 75(1) of the Customs Act, 1962, Rule 16A(1) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, and Rule 18(1) of the Customs and Central Excise Duty Drawback Rules, 2017 were invoked on the premise of non-realisation of export proceeds. No material established non-receipt of the show-cause notice, and the available record showed that opportunities had been extended but were not availed.
Conclusion: The plea of non-service and denial of hearing was not established, in favour of the Revenue.
Issue (ii): Whether the adjudication concerning recovery of duty drawback required reconsideration in light of receipts said to establish realisation of export sale proceeds.
Analysis: Receipts issued by the Directorate General of Foreign Trade, produced as evidence of realisation of export sale proceeds, were material to the proposed drawback recovery. Their consideration could avert monetary prejudice, whereas allowing a further opportunity to establish the claim would cause no prejudice to the authority. Procedural fairness required consideration of those documents before determining liability.
Conclusion: A fresh opportunity to establish realisation of export sale proceeds and to have the supporting documents considered was warranted, in favour of the assessee.
Final Conclusion: The proposed duty-drawback recovery requires determination after evaluation of the documentary material relating to realisation of export proceeds, notwithstanding that the plea of non-service was not accepted.
Ratio Decidendi: Where material official evidence bearing on realisation of export proceeds is produced, fairness requires its consideration before liability to repay duty drawback is determined.