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HC quashed customs authorities' orders declining export drawback claims under Section 75 of Customs Act, 1962. Petitioner sought drawbacks for exports where realization of proceeds exceeded stipulated timeframe under Rule 16A. Customs rejected claims citing delayed realization without considering AD-I bank's regularization documents. Court held that AD Category-I banks possess authority to extend time limits for export proceeds realization, not exclusively RBI. Documentary evidence including bank's regularization certificate and export repatriation confirmation required proper examination to determine if receipts fell within extended period. Matter remanded to customs authorities for fresh consideration incorporating all relevant documents and specific reference to bank's extension powers under Rule 16A framework.
HC quashed customs authorities' orders declining export drawback claims under Section 75 of Customs Act, 1962. Petitioner sought drawbacks for exports where realization of proceeds exceeded stipulated timeframe under Rule 16A. Customs rejected claims citing delayed realization without considering AD-I bank's regularization documents. Court held that AD Category-I banks possess authority to extend time limits for export proceeds realization, not exclusively RBI. Documentary evidence including bank's regularization certificate and export repatriation confirmation required proper examination to determine if receipts fell within extended period. Matter remanded to customs authorities for fresh consideration incorporating all relevant documents and specific reference to bank's extension powers under Rule 16A framework.
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