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    <title>1992 (3) TMI 91 - GOVERNMENT OF INDIA</title>
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    <description>Where a brand-rate drawback had already been fixed before settlement of the original drawback claim, a supplementary claim could not be defeated by a restrictive reading of the limitation rule. The operative date for computing the supplementary claim was the date of first payment of the original drawback claim, because the exporter&#039;s shortfall arose only when drawback was actually paid at a lower rate than the brand-rate entitlement. A harmonious and purposive construction of the Drawback Rules was required to preserve the benefit intended by the scheme, and the claim was therefore not time-barred on the lower authorities&#039; reasoning.</description>
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    <pubDate>Mon, 30 Mar 1992 00:00:00 +0530</pubDate>
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      <title>1992 (3) TMI 91 - GOVERNMENT OF INDIA</title>
      <link>https://www.taxtmi.com/caselaws?id=49115</link>
      <description>Where a brand-rate drawback had already been fixed before settlement of the original drawback claim, a supplementary claim could not be defeated by a restrictive reading of the limitation rule. The operative date for computing the supplementary claim was the date of first payment of the original drawback claim, because the exporter&#039;s shortfall arose only when drawback was actually paid at a lower rate than the brand-rate entitlement. A harmonious and purposive construction of the Drawback Rules was required to preserve the benefit intended by the scheme, and the claim was therefore not time-barred on the lower authorities&#039; reasoning.</description>
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      <pubDate>Mon, 30 Mar 1992 00:00:00 +0530</pubDate>
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