2010 (12) TMI 1049

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.... are that applicant's two drawback claims of Rs. 1,37,490/- against Shipping Bill No. 9017328, dated 24-8-2007 and Rs. 59,271/- against Shipping Bill No. 9017640, dated 29-8-2007 were rejected on the grounds that the said claims had not been filed within the stipulated time of 3 months from the date of Let Export orders as prescribed under the Board's Circular No. 57/95-Cus., dated 30-5-1995. The request of the applicants for the condonation of delay was not acceded to as the grounds mentioned were not found to be sufficient. 3. Being aggrieved by the said order-in-original, the respondent M/s. Aman Tanners, Kanpur filed appeal before Commissioner (Appeal) who condoned the delay and allowed the appeal. 4. Being aggrieved by ....

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....and transferred to Punjab National Bank, New Customs House, New Delhi through the EDI system. The Bank will credit the sanctioned drawback amount in the account of the exporter on the next day and will handle their account as per their instructions. The Bank will also send a fortnightly statement to the exporters about the payment of drawback claims. 4.3 From the above guidelines, circulated under Pubic Notice No. 44/96 dated 27-8-1996 by the Department, it is evidently clear that once the goods are exported, the status of the drawback claim, whether sanctioned or under any query/deficiency, is always available in the EDI system and can be ascertained by the exporter or their authorized person from the counter at the service centre.....

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....nt, respondent resubmitted the claim under Token No. 78/Sec75/07 on 12-12-07. The said registration was indicated on quadruplicate copy of shipping bill instead of triplicate copy of shipping bill. Commissioner (Appeal) has however condoned the delay and allowed drawback keeping in view the above position. The order-in-appeal may be upheld. 6. Personal hearing scheduled in this case on 25-8-10 and 21-10-10 was not attended by applicants and respondents. No request is received for adjournment. As such, Government take up the case for decision on the basis of available case records. 7. Government has carefully gone through the relevant case records and perused the impugned order-in-original and order-in-appeal. 8. Gove....