Rebate/Refund

[NageswaraRao Sripada]

Question No.1: Export on payment of duty. Rebate sanctioned. Exported goods returned. At the time of reimport, applicable customs duties paid. Is it necessary to pay back rebate sanctioned already.

Question No.2: Export on payment of duty. Rebate sanctioned. Exported goods returned. At the time of reimport, applicable customs duties paid and credit taken. Proportionate rebate on returned goods paid back. Can such reversed rebate be claimed refund?

Question No.3: Export under LUT. LUT expired as on date of export. Duties with interest paid after one year from the date of export, at the instance of the department. Refund/Rebate claimed from the date of payment of duty is rejected by the department, taking the date of export as the relevant date. Legal possibilities, if any, to fight for refund/rebate may be enlightened.

Question No.4: Export on payment of duty. Rebate sanctioned. Exported goods returned. At the time of reimport, applicable customs duties paid and credit taken. Proportionate rebate on returned goods paid back. Can such duty paid at the time of initial export be taken as credit in our accounts?

[KASTURI SETHI]

Query wise reply:

1. Yes.

2.No.

3. You must fight legally. You will win the case.

4. Yes.

[Nash Industries I Pvt Ltd]

Agree with Mr Shethi.

Regards

S.Ramaswamy

AI Summary

Rebate repayment obligation affirmed on reimportation; refund of reversed rebate denied, legal challenge advised for expired LUT denials. For exports with sanctioned rebate, reimportation of returned goods requires repayment of the sanctioned rebate; refund of a proportionate rebate paid back is not available; exports under an expired LUT led the department to deny refund from date of later duty payment and the adviser recommends legal challenge; duties paid at initial export may be taken as credit in accounts.