2012 (9) TMI 992

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....vs. ORDER The petitioners carry on business of import and export and have duly been issued an Export Import code by the concerned authorities. According to the petitioners, in usual course of business the petitioners imported 3695 pieces of spectacle frames covered by Bills of Entry Nos. 469758 dated 24th October, 2007; 472786 dated 15th November, 2007; 495089 dated 8th April, 2008; 50630....

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....supplier and on instructions of the overseas supplier, the petitioners re-exported 1182 pieces of spectacle frames under Shipping Bill No. AEF 6900987 dated 20th May, 2009 after complying with the requisite customs formalities. On or about 17th August, 2009, the petitioners made an application seeking refund of duty. Several reminders were also sent. No action was taken for almost two years. ....

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....paid by debit of the Duty Exemption Pass Book. Section 74 of the Customs Act, 1962 provides that when any goods capable of being easily identified, which have been imported into India upon payment of import duty, are entered into export and the proper officer makes an order permitting clearance, 98% of the import duty would have to be repaid as drawback. For the purpose of allowing duty drawbac....

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....ayment is in cash or by debit of 'DEPB'. The right to refund is not lost by reason of the 'DEPB' Scheme. Tax lying to the credit of an assessee cannot also stand forfeited by reason of discontinuance of the 'DEPB' scheme. Alternate options of availing draw back exist. Moreover, other options for availing draw back may bave to be devised. May be, as argued by Mr. Bharadwaj, there was admitted delay....