TaxTMI 
TaxTMI 
We have filed duty draw back claim u/s 74 of custom act for a machine return back after approx 2 years used, as per rules, we can claim duty draw back only 70% therefore we will suffer loss of 30% duty.Please advise that we can claim depreciation on cenvat 2.5% each quarter under rule 5 sub rule (5A) (b) of cenvat credit rule 2004 RegardsK.GOpal
Duty draw back under custom
11 Sep 2014 
1 Reply 
1686 Views Asked by
Duty drawback limitation for used imports: reduced or nil if exported after prolonged use; Board permission required.
Claim for duty drawback under Section 74 for a machine re-exported after extended use is barred where statutory rules reduce or extinguish drawback for used imports; beyond the prescribed time limit no drawback is available, and prior Board permission is required to export goods that have been in use beyond the regulatory threshold. (AI Summary)
Claim for duty drawback under Section 74 for a machine re-exported after extended use is barred where statutory rules reduce or extinguish drawback for used imports; beyond the prescribed time limit no drawback is available, and prior Board permission is required to export goods that have been in use beyond the regulatory threshold. (AI Summary)