https://www.taxtmi.com/caselaws?id=52511 Rule 16A of the Duty (Drawback) Rules, 1995 permits recovery of drawback only where drawback has been paid and export sale proceeds are not realised within the permissible period. Here, the export proceeds were in fact realised and certified as received by the bank, so the statutory precondition for invoking recovery was absent. As the basis for recovery failed, the associated penalty could not be sustained. Recovery of drawback under Rule 16A was therefore held unsustainable, and the penalty order was set aside in favour of the assessee. en-us Tue, 30 Dec 2003 00:00:00 +0530 Wed, 06 Oct 2010 12:08:52 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=52511 Rule 16A of the Duty (Drawback) Rules, 1995 permits recovery of drawback only where drawback has been paid and export sale proceeds are not realised within the permissible period. Here, the export proceeds were in fact realised and certified as received by the bank, so the statutory precondition for invoking recovery was absent. As the basis for recovery failed, the associated penalty could not be sustained. Recovery of drawback under Rule 16A was therefore held unsustainable, and the penalty order was set aside in favour of the assessee. Case-Laws Central Excise Tue, 30 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=52511