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        Case ID :
        Customs, DGFT & SEZ

        No Duty drawback on re-export of goods after 18 months

        March 12, 2008

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        There is a major change in the policy of the Central Government to allow duty drawback on re-export of goods on which duty of customs has been paid.

        Earlier, the importer was allowed to re-export the goods within 36 months to claim duty drawback but after amendment, no duty drawback is allowed if the goods re-exported after use of 18 months.

        A comparative List of rate of duty drawback before amendment and after amendment is given hereunder:

        Notification No. 019/1965-Cusdated -06-02-1965 (As amended

        Sl.No.

        Length of period between the date of clearance for home consumption and the date when the goods are placed under Customs control for export.

        Percentage of import duty to be paid as Drawback Before Amendment vide notification no. 23/2008 Cus dated 1/3/2008

        Percentage of import duty to be paid as Drawback After Amendment vide notification no. 23/2008 Cus dated 1/3/2008

        (1)

        (2)

        (3)

        (3)

        1.

        Not more than three months

        95%

        95%

        2.

        More than three months but not more than six months

        85%

        85%

        3.

        More than six months but not more than nine months

        75%

        75%

        4.

        More than nine months but not more than twelve months

        70%

        70%

        5.

        More than twelve months but not more than fifteen months

        65%

        65%

        6.

        More than fifteen months but not more than eighteen months

        60%

        60%

        7.

        More than eighteen months but not more than twenty-one months

        55%

        NIL

        8.

        More than twenty-one months but not more than twenty-four months

        50%

        NIL

        9.

        More than twenty-four months but not more than twenty-seven months

        45%

        NIL

        10.

        More than twenty-seven months but not more than thirty months

        40%

        NIL

        11.

        More than thirty months but not more than thirty- three months

        35%

        NIL

        12.

        More than thirty-three months but not more than thirty-six months

         

         

        Duty drawback disallowed after eighteen months; re-exports beyond that period no longer eligible for drawback. The Central Government amended the duty drawback regime to limit eligibility to re-exports made within eighteen months of clearance for home consumption, preserving the graded percentages of import duty refundable for re-exports up to eighteen months and declaring nil entitlement for all re-exports placed under customs control after eighteen months.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Duty drawback disallowed after eighteen months; re-exports beyond that period no longer eligible for drawback.

                                The Central Government amended the duty drawback regime to limit eligibility to re-exports made within eighteen months of clearance for home consumption, preserving the graded percentages of import duty refundable for re-exports up to eighteen months and declaring nil entitlement for all re-exports placed under customs control after eighteen months.





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                                Topics

                                ActsIncome Tax
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