Interest and Principal Amount of Demand

[Ashok Chopra]

Dear Forum,

I received duty draw back in my bank amount, long time back.

Part Payment received from buyer and balance payment written off by me and proper request for Self Written Off sent to bank.

My queries:-

1. Should i pay immediately proportionately amount of drawback to custom authorities or wait for the letter from them?

2. Should i pay interest on the said amount also?

3. In case of interest amount is more than the amount of draw back, should i pay excess amount of interest or not more than the amount of drawback?  (Is there any notification/clarification of department that interest amount can not be more than principal amount? please provide me the same)

Thanks and regard

[YAGAY andSUN]

Dear Ashok,You would have to pay back the proportionate Duty Draw Back with interest at applicable rate. As per the RBI Guideline you can write of Foreign remittance upto the 10 percent of the average export performance of last three year. But as per the DGFTs notifications and circular proportionate export promotions benefits should be reversed along with interest.Customs Department may also conduct Audit (Post Import/Export. So take a conscious view in this matter.RegardsTeam YAGAY & SUN(Management & Indirect Tax Consultants)

AI Summary

Duty drawback recovery: proportionate repayment with applicable interest required; noncompliance may prompt audit and reversal. Duty drawback credited to an exporter must be repaid proportionately where export consideration is not realized, and interest at the applicable rate is payable on the recovered drawback; administrative guidelines limit unilateral write offs of foreign receivables and export incentive regimes require reversal of proportionate benefits, while Customs may conduct post transaction audits requiring formal reversal with interest.