Sec26 &26 a

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achal jain

achal jain (Querist)
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23 November 2014 sir explain the difference between drawback and refund. with example refernce to sec 26 and 26 A.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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29 December 2014 DRAWBACK IS INCENTIVE GIVEN BY CUSTOM AFTER THE EXPORT WHICH DUTY PAID BY EXPORTER WHICH OCCURS IN SECTION 26

ON THE OTHER HAND REFUND IS GIVEN BY CUSTOM AS SAD REFUND REFER TO AFTER THE IMPORT CBEC NOTIFICATION NO 102/2007 DTD 14.9.2007

WHICH OCCURS IN SECTION 26A

SECTION 26. Refund of export duty in certain cases. – Where on the exportation of any goods any duty has been paid, such duty shall be refunded to the person by whom or on whose behalf it was paid, if -

(a) the goods are returned to such person otherwise than by way of re-sale;

(b) the goods are re-imported within one year from the date of exportation; and

(c) an application for refund of such duty is made before the expiry of six months from the date on which the proper officer makes an order for the clearance of the goods.

SECTION 26A. Refund of import duty in certain cases- (1) Where on the importation of any goods capable of being easily identified as such imported goods, any duty has been paid on clearance of such goods for home consumption, such duty shall be refunded to the person by whom or on whose behalf it was paid, if—

(a) the goods are found to be defective or otherwise not in conformity with the specifications agreed upon between the importer and the supplier of goods:

Provided that the goods have not been worked, repaired or used after importation except where such use was indispensable to discover the defects or non-conformity with the specifications;

(b) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported;

(c) the importer does not claim drawback under any other provisions of this Act; and

(d) (i) the goods are exported; or

(ii) the importer relinquishes his title to the goods and abandons them to customs; or

(iii) such goods are destroyed or rendered commercially valueless in the presence of the proper officer, in such manner as may be prescribed and within a period not exceeding thirty days from the date on which the proper officer makes an order for the clearance of imported goods for home consumption under section 47:

Provided that the period of thirty days may, on sufficient cause being shown, be extended by the Commissioner of Customs for a period not exceeding three months:

Provided further that nothing contained in this section shall apply to the goods regarding which an offence appears to have been committed under this Act or any other law for the time being in force.

(2) An application for refund of duty shall be made before the expiry of six months from the relevant date in such form and in such manner as may be prescribed.