Drawback

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udaykumar (Querist)
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27 July 2013 What is duty drawback?
what is the procedure to apply duty drawback?
to whom we should apply for duty drawback to Central Excise or JDGFT?

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 July 2013 The Duty Drawback seeks to rebate duty or tax chargeable on any imported / excisable materials and input services used in the manufacture of export goods. The duties and tax neutralized under the scheme are (i) Customs and Union Excise Duties in respect of inputs and (ii) Service Tax in respect of input services. The Duty Drawback is of two types: (i) All Industry Rate and (ii) Brand Rate.

The All Industry Rate (AIR) is essentially an average rate based on the average quantity and value of inputs and duties (both Excise & Customs) borne by them and Service Tax suffered by a particular export product. The All Industry Rates are notified by the Government in the form of a Drawback Schedule every year and the present Schedule covers 2837 entries. The legal framework in this regard is provided under Sections 75 and 76 of the Customs Act, 1962 and the Customs and Central Excise Duties and Service Tax Drawback Rules, 1995 (henceforth referred as Drawback Rules). The Brand Rate of Duty Drawback is allowed in cases where the export product does not have any AIR of Duty Drawback or the same neutralizes less than 4/5th of the duties paid on materials used in the manufacture of export goods. This work is handled by the jurisdictional Commissioners of Customs & Central Excise. Exporters who wish to avail of the Brand Rate of Duty Drawback need to apply for fixation of the rate for their export goods to the jurisdictional Central Excise Commissionerate. The Brand Rate of Duty Drawback is granted in terms of Rules 6 and 7 of the Drawback Rules, 1995.

he Duty Drawback facility on export of duty paid imported goods is available in terms of Section 74 of the Customs Act, 1962. Under this scheme part of the Customs duty paid at the time of import is remitted on export of the imported goods, subject to their identification and adherence to the prescribed procedure.

when the payment received by you (within 21 days SUBMIT sdf form in bank) and custom transfer it from your bank in case of section 75

EP COPY OF SHIPPING BILL BANK ATTESTED INVOICE, BL BRC AND CENVAT DECLARATION REQUIRE.

Required For Processing Drawback Claim under Section 74

Triplicate copy of the Shipping Bill bearing examination report recorded by the proper officer of the customs at the time of export.

Copy of the Bill of entry or any other prescribed documents against which goods were cleared for importation.

Import invoice.

Evidence of payment of duty paid at the time of importation of goods.

Permission from the Reserve Bank of India for re-exports of goods, wherever necessary.

Export invoice and packing list.

Copy of the Bill of Lading or Airway bill.

Any other documents as may be specified in the deficiency Memo.

MORE INFO:

https://www.caclubindia.com/experts/duty-drawback-482405.asp