Custom Law & Procedures

Customs duty is a tax which the State collects on goods imported into or exported out of the boundaries of a country. Customs duties now form a significant source of revenue for all countries, more so in the case of developing countries like India. In India, customs duties are levied on the goods and at the rates specified in the Schedules to the Customs Tariff Act, 1975. The taxable event is import into export from India. Export duties are practically non-existent at present. They are levied occasionally to mop up excess profitability in international price of goods in respect of which domestic prices may be low at given time. But sweep of import duties is very wide, almost universal, barring a few goods like food grains, fertilizer, life saving drugs and equipment etc. Import duties generally consist of the following:
  1. Basic duty. It may be at the standard rate or, in the case of import from some countries, at the preferential rate.
  2. Additional customs duty equal to central excise duty leviable on like goods produced or manufactured in India. It is commonly referred to as countervailing duty or C.V.D.
  3. Special additional duty of Customs at the rate of 4% in order to provide a level playing field to indigenous goods which have to bear sales tax. This duty is to computed on the aggregate of–
    1. assessable value;
    2. basic duty of Customs;
    3. surcharge; and
    4. additional duty of Customs leviable under section 3 of the Customs Tariff Act, 1975 (c.v.d.)
  1. Additional duty of Customs at the rate of Re. 1/- per liter on imported motor spirit (petrol) and high speed diesel oil.
  2. Anti-dumping duty/Safeguard duty for import to specified goods with a view to protecting domestic industry from unfair injury.

Import & Export Through Courier

In order to regulate the import and export, of light weight goods into and out of the country the Government of India had framed Courier Imports (Clearance) Regulation in 1995 which were revised by framing an up to date Courier Imports and Exports (Clearance) Regulations in 1998. Private companies have been registered as authorised couriers in the International Airports at Mumbai, Delhi, Chennai, Calcutta, Bangalore, Hyderabad, Ahmedabad and Jaipur by the Customs Commissioner of the respective places.
 
TYPE OF GOODS THAT CAN BE SENT
 
All types of goods can be sent through the courier mode into India and out of India except few articles. The goods which are prohibited for import through courier are:
  1. Animals & parts thereof or plants & parts thereof,
  2. Perishable goods,
  3. Publications containing maps showing incorrect boundaries of India,
  4. Gold or silver in any form,
  5. Precious and semi precious stones & Studded jewellery,
  6. Chemicals of chapter 28, 29 & 38 of the first schedule to Customs Tariff Act which need testing
Similarly, the export of the following goods are also restricted:
  1. Goods which are subject to levy of any duty on their export,
  2. Goods proposed to be exported with claim for Draw of Customs duty,
  3. Goods exported under Duty Entitlement Pass Book Schemes or Duty Exemption Scheme or Export Promotion Capital Goods Scheme, and
  4. Goods where the value of consignment is above Rs. 25,000/- and Waiver from the RBI not to bring in Foreign Exchange is not available,
SAMPLES, GIFTS AND TRADE GOODS
  1. Document of any form including messages, information or data recorded on papers, cards, photographs which are not subjected to any prohibition or restrictions can be imported and exported.
  2. Bonafide commercial samples can be imported through courier provided the said samples are being received free of cost (see Import of Samples). Similarly, gifts from persons abroad up to the value of Rs. 5,000/- and all the life saving drugs and equipment which are not chargeable to any duty at present (see Notification 20/99-Cus) can also be sent to India through the courier mode.
  3. Commercial goods which are dutiable can also be imported through the courier without any restriction of quantity subject to payment of duty by the courier company at the time of clearance of the said goods from the Customs.
IMPORTANT CLARIFICATIONS
 
Whether the value of Rs. 5,000/- for the gift or the commercial samples means the value of the goods in India or the country of sender?
 
The value of Rs. 5,000/- is the export value of the goods excluding locally refundable taxes like VAT in the country from where the goods have been dispatched. In case of gifts and samples up to Rs. 5000/- it does not include freight or courier charges and insurance. However, in case of goods valued above Rs. 5000/- it freight and insurance would be added to calculate the duty payable. The sender may not necessarily be residing in the country from where the goods have been dispatched. A sender in U.K. can send goods from South Korea to India. The value in South Korea would be taken into consideration.
 
What types of goods cannot be sent as gift or commercial samples through courier?
 
All types of goods which are banned for import under the Foreign Trade (Development and Regulation) Act, 1992 are banned for import into India even as gifts or as commercial samples. The example of such goods are wild animals, wild birds or parts of wild animals and birds, narcotic drugs like opium, marijuana, ivory, arms like revolvers or pistols or other hand guns and ammunitions
 
Can a person send jewellery to any manufacturer in India as sample?
 
Gold jewellery or studded jewellery including samples thereof is not allowed to be imported by or sent to ordinary persons in India through courier route. However, the units in export processing zones or Export Oriented Units are allowed to import gems and jewellery, including samples thereof, through an authorised courier. However, the jewellery and its samples can be exported by all units through the courier.
 
Why there is a prohibition for import of chemicals and perishable goods even of low value?
 
It is not convenient to handle perishable goods through normal courier mode. The system of import or export of goods through courier is designed for very fast movement through the Customs. The chemicals imported may require testing of the same to ascertain its identity which would need some time and would also delay the processing other consignments through courier. Therefore, the import of chemicals have been prohibited through courier route.
 
Chemicals can be sent through the same courier company who would submit it separately at the Air Cargo Complex for clearance. The Air Cargo Complex is invariably situated beside the Courier Terminal. However, the clearance is likely to take more time.
 
Is there any limit of weight and size of the package that can be sent through the courier?
 
Packages up to 70 Kgs. of weight can be imported to India through courier mode. However, there is no such weight limit for export of goods through courier from India.
 
Why there is a restriction on goods to be exported with claim for Draw or any duty entitlement pass-book scheme of Export Promotion Capital Goods Scheme?
 
Under these schemes additional paper work is involved and, therefore, it delays clearance of this packet and in addition clearance of other packages is also delayed. However, these consignments can be cleared through the air-cargo complex by the same courier company. Invariably the air cargo complex and the courier terminal are situated side by side and, therefore, there is no inconvenience to the exporters.
 
How duty is paid, if leviable?
 
If the duty is small, the Courier Company makes the payment and collects it from the receiver at the time of delivery of the goods. If the duty assessed is high, they advise the party of the arrival of the goods and the party clears the goods directly from the Customs. The courier can get the goods detained, inform the client and with his consent make the payment of duty.
 
Machinery parts are sent abroad through couriers for repairs and reconditioning etc. what procedure is to be adopted during export of the said goods.
 
While sending the goods abroad, proper documents should accompany the package. The invoice may be attested by the Customs and a copy retained to enable Customs to identify the goods at the time of re-import of the said goods. The repairer may be advised to enclose a copy of sender invoice along with their own invoice. The repairer may be advised to clearly mention their repair charges for similar goods in the invoice, even if they have done it free. Along with invoice or on its body list of jobs carried out (fault list) may be given.
 
If part of the machinery cannot be repaired or replaced then during re-import such machinery has to bear duty as if it is being imported. The invoice should show separately cost of such parts/raw materials to enable proper valuation.
 
Refer to Notification No. 87/98-Cus (NT) dt. 9.11.98

Import of Gifts

All goods imported into India from abroad is liable to duties of Customs under Section 12 of the Customs Act and also is liable to all the restrictions under the Foreign Trade (Development & Regulations) Act 1992. However, the Government has exempted gifts received from abroad by persons residing in India from the whole of duties of Customs and from restriction under FT (D&R) Act. At present, import of goods upto the value of Rs. 5,000/- is allowed as gift, duty free. This exemption is allowed only for bona fide gifts imported by air or post. For the purpose of calculation of this value of Rs. 5,000/- the air freight or postal charges paid are not added.
 
IMPORTANT CLARIFICATIONS
  1. The value of Rs. 5,000/- is the value of the goods in the country from where the goods have been dispatched. The sender may not necessarily be residing in the country from where the goods have been dispatched.
  2. The import has to be only through Air or through Post Parcel.
  3. Any person abroad can send gifts. There is no specific restriction that only relatives can send the goods. Business associated, friends, relatives, companies or acquaintances can also send the gifts to residents in India.

Import of Samples

In November 1952 a convention to facilitate the Importation of Commercial Samples and Advertising Materials was concluded in Geneva. India was party to it and has accepted its recommendation and implemented its provisions through Notifications.

WHAT ARE SAMPLES

The Commercial samples are basically the specimens of the goods which are imported by the traders in India to know its characteristics and usage and assess its marketability in India. These samples are also brought by the representatives of Manufacturers abroad to show if to prospective customers in India, to persuade & convince them of the need, efficacy and suitability of these goods for the Indian market.
 
WHO CAN SEND/IMPORT
 
Samples can be imported by the trade, industry, individuals, Companies, Associations, Research Institutes or Laboratories. These can also be brought by the representatives of manufacturers abroad either as a part of their personal baggage or through post or courier. They can also be sent by manufacturers/ traders abroad to above parties in India.
 
WHAT CAN BE SENT
 
Samples of all types of goods namely consumer goods, consumer durables or prototypes of engineering goods or goods used in connection with securing export orders can be imported. Similarly, high equipment, machinery, including agricultural machinery and their accessories can also be imported.
 
LIMIT OF VALUE OF SAMPLES
 
For duty free clearance, the value of individual sample should not exceed Rs. 5,000/- and aggregate value should not exceed Rs. 60,000/- per year or 15 units in a year. The prototypes of engineering goods can also be imported even if the value is more than Rs. 5,000/-. Such goods upto Rs. 10,000/- can be imported without payment of duty if the said goods are rendered useless as merchandise by a suitable process. Where the value exceeds Rs. 10,000/-, the said goods are to be re-exported within a period of 9 months or such extended period as Asstt. Commissioner of Customs may allow. High value goods are to be imported by depositing duty with the Customs and giving an undertaking for their re-export within 9 months. The deposited duty is refunded when the machinery is exported back. The following clarification may be necessary on the above guidelines
 
The value of any item imported during a year should not exceed 15 units of the said item or Rs. 60,000/-. However, if more than one product is being imported into the India the value limit is increased proportionately. Similarly, in case samples are consigned to many consignees by one foreign company, but they are being sent at the same time through some Port/ Airport, it shall not be changed to duty if the limit of Rs. 5,000/- per unit each adhered to. The consignments meant for distribution to different parties in India can also be imported together for convenience of transport, if the packets are clearly marked and addressed to different persons in India. The value of Rs. 5,000/- is the export value of the goods excluding locally refundable taxes like VAT in the country of despatch. In case of free samples of Rs. 5000/-, it does not include freight or courier charges. If it is above Rs. 5000/- freight and insurance charges would be added to calculate the duty payable in India.
 
BONAFIDE SAMPLE / BONAFIDE COMMERCIAL TRAVELLER
 
The purpose of these beneficial notifications is to allow duty free import of genuine Commercial samples into the country. It is not to be used as a means to avoid paying Customs Duty through repeated imports in smaller lost. The bonafide commercial travellers of India or abroad are advised to travel with authorisation from their companies and carry normal trade literature as evidence of the genuineness of their baggage. The said goods, should also be clearly marked as samples. Normally, their passport shows the nature of their repeated travel. The invoices of samples sent from abroad should indicate that these goods are samples. The goods may bear inscription, markings or tags showing them as samples.
 
GOODS THAT CAN BE IMPORTED AS SAMPLES
 
All types of goods including Industrial and Agricultural machinery, consumer goods and Consumer durables, white goods are eligible to be imported as samples. However, goods which are prohibited under Foreign Trade (Development and Regulations) Act, 1992 are not allowed to be imported even as samples. Such as, wild animals, wild birds and parts of wild animals and birds, ivory, arms like revolvers and pistols and hand guns and ammunitions and narcotic drugs.
 
IMPORTANT CLARIFICATIONS
 
With reference to which place the value of the goods will be calculated i.e. whether the value is its value in India or abroad?
 
The value is reckoned to be the value at the place of despatch even in case of third Country goods, the value would be that of the country of despatch. For example, if the goods are manufactured in Tiwan and is being sent from UK as a sample to India, the value in UK is to be taken. However, the cost of freight, postal charges, courier charges are not to be added.
 
How the machineries which are costing more than Rs. 5,000/- but below Rs. 10,000/- are defaced to enable them to be brought without payment of duty?
 
Machinery, which are prototypes of engineering goods, imported either for further manufacturing of the said goods or to be used as capital goods for export production or in connection of securing further export orders can also be imported duty free if the value does not exceed Rs. 10,000/-. The said goods are normally defaced or made unsalable by punching, cracking, marking with indelible

Drawback duty-Procedure & general definitions

The term drawback is applied to a certain amount of duties of Customs/central excise, some times the whole, some times only a part remitted or paid by Government on the exportation of the commodities on which they were levied.
  1. To entitle goods to drawback, they must be exported to a foreign port, the object of the relief afforded by the Drawback being to enable the goods to be disposed of in the foreign market as if they had never been taxed at all. For Customs purpose drawback means the refund of duty of customs and duty of central Excise that are chargeable on imported and indigenous materials used in the manufacture of Exported goods.
  2. Drawback rates for standard and common type of products are pre-notified (All Industry Drawback Rate Schedule) and updated every year after the Budget.
  3. For products not figuring in the All Industry Schedule or where the All the Industry rate is below 80% of the exporter's claimed rate, the exporter has to get a brand rate fixed by furnishing the prescribed data.
  4. Anti-dumping duty is rebatable only by way of special brand rate of drawback provided the input used has actually borne this duty. Drawback for inputs is permissible not only in case of manufacture but also for processing or other operations for export of goods.
  5. For imported products re-exported as such, 98% refund of customs duty paid, including anti-dumping duty, is available as Drawback. Drawback is payable only if the amount of drawback exceeds Rs. 500/- or it is 1% or more of the export FOB value. In case of export by post or export is discharged of export delegation, the minimum limits Rs. 50/-.
  6. Regarding payment of excise component of All Industry Rates of Drawback, a certificate of non-availment of Modvat facility may become necessary. Excise component will not be paid in the case of goods procured for export from open market by merchant exporters, such goods being treated as having availed the Modvat facility. Where goods are unconditionally exempt from excise duty, Customs officers may not insist on such certificate for paying the drawback.
No separate application or claim for payment of drawback need be filed. The drawback shipping bill (green coloured) is automatically treated as a claim. It should be accompanied, inter-alia, by the following documents:-
Copy of export contract or letter of credit as the case may be
  1. Copy of packing list
  2. AR4 form, wherever necessary
  3. Copy of brand rate sanction order, where applicable
In respect of claims filed on or after 8/1/1999, Customs should pay the drawback within two months of export of pay interest thereon for the period of delay.
  1. Draw back option is open to merchant exporters as well.
  2. Imports for repair, jobbing etc. free of duties subject to bond for their re-export with 10% value addition. No. CCP is required now.
Interest on delayed payment of duty or on delayed refund/drawback of duty:
 
Section 27A, 28AA and 75A of Customs Act, 1962 introduced in1995 Budget provide for changing of interest on delayed payment of customs duty and payment of interest on delayed refunds/drawback of duty.

Types of Drawback

There are two types of drawback.
  1. One is called drawback under Section 74 of the Customs Act, 62 which allows drawback of duty paid on goods originally imported on payment of duty and subsequently re-exported. The manner and time limit for filing the claims are governed by "Re-export of Imported Goods (Drawback of Customs duties) Rules, 1995.
In this category, two types of cases are covered viz.,
    1. Imported goods exported as such i.e. without putting into use– 98% of duty is refunded and
    2. Imported goods exported after use– the percentage of duty is refunded according to the period between the date of clearance for home consumption and the date when the goods are placed under Customs control for exports. The percentage of duty drawback is notified under Notification. No 19 Cus, dated 6th Feb, 1965 as amended from time to time.
  1. The other scheme is payment of drawback under Section 75 and Rules made thereunder at specified rates on export of goods manufactured in India. The manner and time limit for filing the claims are prescribed under the Customs and Central Excise Duties Drawback Rules 1995 as amended from time to time.
The Central government notifies the Drawback rates for various products either on a general basis (all industry rates) or for individual exporters( brand rates) as the case may be.
 
Drawback sanctioned under section 75 has a two tier system involving
  1. Fixation of rates by the Directorate of Drawback in the Central Board of Excise and Customs and
  2. Disbursement of drawback amount by the Customs Houses and/ Central Excise Commissionerate.

All Industry Rates

  1. The rates of drawback are announced by the Govt. of India, Ministry of Finance for various categories of goods and are indicated in the schedule appended to the Customs and Central Excise Duties Drawback Rules, 1995.
  2. The schedule of rates is normally announced on the 1st of June every year or 3 months after the budget. The rates mentioned in the schedule are called all-industry rates of drawback. They are applicable to manufacturer exporters as well as merchant exporters.
  3. The all industry rates of drawback are fixed under Rule 3 and can be revised by the Govt. under Rule 4. The all industry rates of drawback are worked out on the basis of broad averages of consumption of inputs, duties suffered, quantity of wastage, f.o.b. prices of the export products etc.
Except where specifically authorised the all–industry rates of drawback are not applicable where an export product has been-
  1. exported in discharge of export obligation against an Advance Licence issued under Duty Exemption Scheme vide the relevant Import and Export Policy.
  2. manufactured partly or wholly in bond under Section 65 of the Customs Act, 1962,
  3. exported by a unit licensed under any 100% Export Oriented Schemes (100%EOY/EHTP/STP/Agriculture/aqua culture etc)
  4. exported by a Unit situated in a Free trade zone/ Export processing Zones
  5. manufactured and exported in terms of Rule 12(1) (a) of the Central of the Central Excise Rules 1944; and
  6. manufactured and exported in terms of Rule 13(1) (a) of the Central Excises Rules, 1944; and
  7. manufactured and exported availing the facility under the Import and Export Pass Book schemes of he relevant Exim policy
The restrictions as mentioned in the above clauses are not applicable where payment of drawback at a particular rate/amount has been specifically authorised thereunder any sub serial number in the All industry table subject to such terms and conditions as may be specified there under.

Brand Rates

  1. If any category of goods all industry rates is not available, the exporter can approach the Directorate of Drawback for fixation brand rates.
  2. Brand rates are fixed under Rule 6 for specific manufacturer exporter. Even if all industry rates are available for the produce and if the manufacturer desires to have higher rates of drawback because of higher duty paid inputs, such manufacturer can apply for special brand rates under Rule 7.
  3. For fixation of Brand rates, the manufacturer has to submit the application to Directorate of Drawback within 30 days of their first shipment. The application and data in duplicate should be submitted to the Ministry with copies to the concerned Central Excise Commissionerate or the Custom House.
  4. The brand rates are fixed by the Commissioner Drawback on the basis of report sent by the jurisdictional Commissionerate after verification of data submitted by the manufacturer exporter.
  5. The rates fixed under all industry categories in most cases are percentage of fob value of goods. If the pricing of goods is on CIF basis, the insurance and freight bills are required be produced to arrive at the fob value.
  6. The rates are operative in terms of Section 16 read with Section 51 of the Customs Act. That is the crucial date for application of the rate of drawback in force is the date of ‘let export order’ given by the appraiser. The all industry rates of drawback are payable subject to restriction and prohibitions mentioned in the General Notes to the Drawback Schedule.

Duty Drawback-Re-Exported Goods

ELEMENTS NECESSARY FOR DRAW UNDER SECTION 74
 
The elements necessary to claim drawback are:
  1. The goods on which drawback is claimed must have been previously imported;
  2. Import duty must have been paid on these goods when they were imported;
  3. The goods should be entered for export within two years from the date of payment of duty on their importation (whether provisional or final duty). The period can be further extended to three years by the Commissioner of Customs on sufficient cause being shown.
  4. The goods are identified as the goods imported.
  5. The goods must be capable of being identified as imported goods.
  6. The goods must actually be re-exported to any place outside India.
  7. The market price of such goods must not be less than the amount of drawback claimed.
  8. The amount of drawback should not be less than Rs. 50/- as per Section 76-(1) (c) of the Customs Act.
PROCEDURE TO CLAIM DRAW UNDER SECTION 74.
 
Drawback claims under Section 74 of the Customs Act are now being processed manually. To claim drawback under Section 74, the exporter should file the shipping bill under claim for drawback in the prescribed form and after assessment the goods are to be examined by the Customs officers for purposes of physical identification. After shipment, the claim is filed in the department, for sanction of drawback. The pre-receipted drawback payment order has to be forwarded to the drawback department upon which cheque is issued. If the information submitted by the exporter is insufficient to process the claim, a deficiency memo will be issued to the exporter seeking further information or documents to process the claim. On compliance the claims will be processed in the usual manner.
 
SUPPORTING DOCUMENTS REQUIRED FOR PROCESSING DRAW CLAIM UNDER SECTION 74
  1. Triplicate copy of the Shipping Bill bearing examination report recorded by the proper officer of the customs at the time of export.
  2. Copy of the Bill of entry or any other prescribed documents against which goods were cleared for importation.
  3. Import invoice.
  4. Evidence of payment of duty paid at the time of importation of goods.
  5. Permission from the Reserve Bank of India for re-exports of goods, wherever necessary.
  6. Export invoice and packing list.
  7. Copy of the Bill of Lading or Airway bill.
  8. Any other documents as may be specified in the deficiency Memo.
TIME LIMIT UNDER SECTION 74
 
In order to claim drawback under Section 74 the goods should be entered for export within two years from the date of payment of duty on the importation thereof. Provided that in any particular case the period of two years may on sufficient cause shown be extended by the by the Central Board of Customs and Central Excise by such period as it may deem fit.
 
The time limit have to be computed from the date of payment of duty up to the date of entry of goods for export under Sec 50 of the Customs Act for export by air or sea, under Section 77 for baggage items and Under Section 83 of the Customs Act for export by post
 
The claims should be filed in the manner prescribed under Rule 5 of Re-export of Imported Goods(Drawback of Customs Duties) Rules,1995, read with Public Notices issued by the Custom Houses. The time limit for filing the claim is three months from the date of let export order. If the exporter was prevented by sufficient cause from filing the claims within three months, the Asst. Commissioner of Customs can relax the time limit by three months.

Duty drawback on goods exported

The claim for drawback is processed under the following systems:
  1. Manual System
  2. EDI System
  3. By Post
  1. PROCEDURE FOR CLAIMING DRAW UNDER SECTION 75 OF THE CUSTOMS ACT UNDER THE MANUAL SYSTEM: 
For the purpose of claiming drawback, the exporter is required to file a drawback-shipping bill in the prescribed Format as required under Rule 13 along with the necessary declaration. The goods after assessment are examined by the officers posted in the Examination Shed as required for each individual case. The examination report will indicate the nature of goods in terms of drawback schedule for classification and application of correct rate. Samples may have to be drawn for testing by lab in respect of chemicals, synthetic fabrics’ etc as specified from time to time to confirm the declarations in the export documents. The triplicate Copy if the drawback shipping bill which contain the examination report is the claim copy
 
SUPPORTING DOCUMENTS REQUIRED FOR PROCESSING THE CLAIM. 
  1. Triplicate of the Shipping Bill
  2. Copy of the Bank Certified Invoices.
  3. Copy of the Bill Lading/Airway Bill
  4. Sixtuplicate Copy of AR-4 wherever applicable
  5. Freight and Insurance certificate wherever the contract is CIF / C&F
  6. Copy of the Test report where the goods are required to be tested
  7. Copy of the Brand rate letters where the drawback claim is against the Brand rate
  8. Mate receipt
  9. Copy of the Contract or Letter of credit as the case may be
  10. Modvat Declaration wherever applicable
  11. Any declaration required as per foot note of the Drawback schedule
  12. Work sheet showing the drawback amount claimed
  13. DEEC Book and license copy where applicable.
  14. Transshipment certificate where applicable
  15. Proof of foreign agency commission paid if any
  16. Blank acknowledgement card in duplicate
  17. Pre–receipt for drawback amount on the reverse of Shipping Bill duly signed on the Rs1/- revenue stamp 
The claims are settled and passed by the appraiser if the amount sanctioned is below Rs 1,00,000/- and by the Assistant Commissioner, if the amount of drawback exceeds Rs1.00.000/-. After pre-audit, the cheques are issued to the designated banks for credit to the exporters account or handed over to the authorized representative of the exporter. For further details refer to the Public Notices issued by the concerned Custom Houses/ Central Excise Commissionerate. 
  1. PROCESSING OF DRAW CLAIMS UNDER SECTION 75 OF THE CUSTOMS ACT UNDER THE EDI SYSTEM 
    1. Computerized processing of shipping bills is in vogue at over 19 ports in India. The shipping bills are processed under the Indian Customs EDI systems (ICES).
    2. Under the system, there would be no processing of paper documents except statutory declarations and endorsements until ‘let export’ order stage. Till such time exporters / CHAs are given access to file documents through the Service centre set up in the Custom Houses / Air Cargo complexes.
    3. Processing of drawback claims under the system will be applicable for all exports except in respect of the claims under Section 74 of the Customs Act and those relating to EPZ/100% EOU.
    4. For the excluded categories the export Shipping Bills will be filed manually and processed by AC Drawback, as hitherto. Under the EDI system there is no need for filing separate drawback claims. The shipping bill itself treated as drawback claim.
    5. In the EDI system the exporters are required to open their accounts with the Bank nominated by the Custom Houses/ ACC. This has to be done to enable direct credit of drawback amount to their accounts, obviating the need for issue of cheques.
    6. For export of goods under claim for drawback, the exporters will file S.D.F declaration in Annexure B in lieu of GR –1 FORM. The declaration in Annexure C would also be filed when the export goods are presented at the Export shed for examination and Let export. In addition they should file a declaration if any in the appendices applicable to the goods mentioned in the Public Notices issued by the Customs Houses / ACC for processing Shipping Bills under the EDI system.
    7. The rates of drawback under S.S Nos. are dependent upon conditions mentioned against them in the Drawback Schedule. To enable the EDI system to process the claims correctly exporters are advised to give the correct Sl.No. of relevant appendix applicable to their case. If the relevant declarations are not filed along with the Shipping Bill the system will not process the drawback claims. The exporters are therefore advised to file the declaration along with the Shipping Bills.
    8. After actual export of the goods, the drawback claims will be processed through the system on first come first served basis. The status of Shipping Bills and sanction of drawback claim can be ascertained from the query counter set up at the Service centre. If any query has been raised or deficiency noticed, the same will be shown on the terminal provided there. The exporter or his authorised representative may obtain a printout of the query/deficiency form the Service Centre if he so desires. The claim will come in Que. of the system as soon the reply is entered.
    9. Shipping Bills in respect of goods under claim for drawback against brand rates would also be processed in the same manner, except that drawback would be sanctioned only after the original brand letter is produced to AC Export and is entered in the system. The exporter should specify the S.S No 98.01 for such provisional claim
    10. All the claims sanctioned on a particular day will be enumerated in a scroll and transferred to the Nominated Bank through the system. The Bank will credit the drawback amount in their respective accounts of the exporters on the next day. Bank will send a fortnightly statement to the exporters of such credits made in their accounts.
    11. The steamer agents / Airlines will transfer the EGM electronically to the system so that the physical Export of goods is confirmed. The system will process the claims only on receipt of the EGM. 
  1. PROCEDURE FOR CLAIMING DRAW ON EXPORT BY POST- SECTION 75 OF THE CUSTOMS ACT 
For claiming drawback on goods exported by post, exporter is required to file his claim at the time of booking parcel with the postal authorities in the form prescribed in the Rules. The date of receipt of this form from the postal authorities by the Customs Authorities shall be treated as date of filing claim by the exporter for the purpose of Section 75 A of the Customs Act. Thus drawback is paid to the exporter within three months from the date of receipt of claim from the postal authorities. On receipt of the claim form, intimation is to be given to he exporter. Where claim form is incomplete a deficiency memo is issued within fifteen days of its receipt form the postal authorities. The exporter can resubmit this form after compliance with deficiencies within a period of 30 days. If such a claim is found to be in order, the same is acknowledged and the period of three months for payment of drawback in terms of Section 75 in such cases shall commence form the date of such acknowledgement.
 
TIME LIMIT UNDER SECTION 75
 
The claims should be filed in the manner prescribed under Rule 13, read with Public Notices issued by the Custom Houses. The time limit for filing the claim is three months from the date of let export order. If the exporter was prevented by sufficient cause FORM filing the claims within three months, the Asst. Commissioner of Customs can relax the time limit by three months and the Commissioner of Customs can relax the time limit for a period of nine months.

Duties Rebated Under Drawback Scheme

Under the drawback scheme, the relief is given from the burden of duty incidence of Customs & Central Excise on basic inputs like raw materials. Components, Intermediates and packing materials used at various stages of production/manufacture. No relief of drawback is extended to duties suffered on capital goods, fuels and consumables used in relation to the manufacture of the export goods. It may also be noted that no relief of Sales Tax or Octroi or any other indirect tax is given by way of drawback. The finished stage of excise duties on the export product is also not reimbursed under this scheme and there are separate provisions for rebate of such finished stage duties under the Central Excises and Salt Act 1944 and the Rules framed thereunder.

Interest Payment

A new Section 75 A has been incorporated in the Customs Act to provide for payment of interest on delayed payment of drawback. Interest at the rate of 15% P.A. is payable to the exporters if the claim is not settled within three months from the date of issue of acknowledgement by the department. Acknowledgement under Rule 13(I) is issued only if the claim is complete in all respect. If the claim is deficient, the department within 15 days from the date of filing the claim will issue a deficiency memo. The exporter is required to comply with the deficiency memo within 30 days from the date of receipt of deficiency memo. The time limit in these cases will be completed after receipt of compliance and issue of acknowledgement card.
 
Similarly, where an exporter has been paid erroneous or excess drawback and fails to repay the same within three months from the date of demand, he is liable to pay interest at the rate of 20% P.A.

Supplementary Claim

If the exporter finds that the amount of drawback paid is less than what he is entitled to, there is a provision for claiming supplementary drawback claims in the prescribed Format Under Rule 15 of the Drawback Rules, 1995. The time limit filing supplementary claim is three months from the date of original settlement.

Restriction on Grant of Drawback

Certain limitation have been laid by law in the matter of admissibility if drawback even though the commodity might have been notified and covered in the Drawback Table. These are:
  1. The amount or the rate of drawback should work out 2% or more of the f.o.b. value of the product except in cases where the amount of drawback exceeds Rs5000/- per shipping Bill.
  2. The f.o.b. value of the product should not be less than the value of all imported materials used in the manufacture of that product. In other words the value addition in respect of the particular product should not be negative.
  3. No drawback is admissible where the amount of the drawback worked out is higher than the present market value of the goods export. (Section 76(1) of the Customs Act)
  4. Drawback is not admissible where the total amount of drawback is less than Rs 50/-(Section 76(1)(b) of the Customs Act,1962.
  5. No drawback is admissible in case of goods exported by land to any place in Burma, Tibet or Bhutan as specified in the Ministry of finance Notification 208 cus. dated 1/10/1977.
RECOVERY OF ERRONEOUSLY PAID DRAW AMOUNT
 
Rule 16 of the Drawback Rules empowers the department to recover any erroneous payment of drawback without any time limit and can initiate recovery proceedings under Sec 142 of the Customs Act 1962
 
FIXATION OF BRAND RATES UNDER SIMPLIFIED SCHEME
 
This scheme envisages reimbursement of Customs and Central Excise duties suffered on inputs used in the manufacture and packing of finished exports product. The brand rates are determined for specific export products exported by specific exporters.
 
The simplified Brand rate Fixation scheme will be available to all manufacturer– exporters who have a regular production of the product for which brand rate is being sought and who are corporate bodies having a detailed accounting system which is normally subject to statutory audit under the Company Law.
 
Under this procedure, the manufacturer– exporter including those who have exported through the trading Houses or Star trading Houses has to simply file his brand rate application in prescribed Performa along with an indemnity bond. The data will have to be supported by certificate from an independent Chartered Engineers, Chartered Accountant/Cost accountants in relation to the data furnished in Statements I. II & III submitted along with the application. Taking into account the data the Directorate of Drawback will fix the brand rates without insisting upon the pre–verification. The data submitted will, however be subject to post verification by the department and the applicant should also take steps to assist and ensure quick post verification. If post– verification reveals that the data furnished was incorrect in any way then the Brand rates will be suitable revised and the applicant have to pay back any excess amount claimed. Furthermore. If the applicant fails to arrange for the post verification of data within three months. The facility under the scheme will be withdrawn for his subsequent application.
 
Request for extension time limit for filing an application for brand rate under Rules 6 & 7 of the Drawback Rules, inclusion of Subsequent shipments in the Brand rate letter, extension of validity period of the brand rate letter and or quantity enhancement can be considered Drawback Directorate under special circumstances. For details see guidelines for fixation of Brand rates under simplified and Normal Procedure.

Adjudication/Appeal/Prosecution

Contravention of the provisions of customs law and also of the connected import/export and foreign exchange laws are punishable departmentally by way of confiscation of goods and imposition of penalty. Such adjudication is done by officers of and above the rank of and Assistant Commissioner, powers being delegated to them on the basis of duty involved.

APPEAL

If a person is aggrieved by the orders of customs authorities he can file an appeal to the Commissioner of Customs (Appeals). A second appeal lies to the Appellate Tribunal (CEGAT).

PROSECUTION

In addition to departmental action, prosecution in court of law is often resorted to in cases of customs contraventions. In case of outright smuggling or for habitual offenders, it is launched as a matter of course. In appraising cases (such as those relating to mis-declaration of quantity, description of value of goods), it is resorted to the mensrea is involved and value of goods is sufficiently high. Punishments are quite server, going upto imprisonment for seven years and fine.

Settlement Commission

The Customs & Central Excise Settlement Commission is designed to provide a balance, quick and final resolution of tax disputes with a view to avoid length litigation.
 
All settlement applications made under sub-section (1) section 32E of Central Excise Act or sub-section (1) of section 127B of the Customs Act, by the application falling within the jurisdiction of the Commissioners with headquarters located in the States specified in column 3, shall be processed and disposed of by the Benches specified in column 2.
 
S.No.
Name of Bench States
1. Principal Bench at Delhi

All States other than those mentioned against Sl. No. 2,3 7 4 below

2. Additional Bench at Mumbai
Gujarat, Maharashtra, Madhya Pradesh and Goa.
3. Additional Bench at Calcutta Bihar, Meghalaya, Orissa, West Bengal, Assam & Manipur.
4. Additional Bench at Chennai Andhra Pradesh, karnataka, Kerala and Tamil Nadu
 
Explanation
 
For this order, the ordinary jurisdiction of a Bench will be determined not by the place of business or residence of the applicant but by the location of the headquarters of the Commissioner of Central Excise or Commissioner of Customs having jurisdiction over him.
 
An Additional Bench of the Customs and Central Excise Settlement Commission has been set up by the Government of Mumbai. The Additional Bench at Mumbai would be operational with immediate effect. The office of the Additional bench at Mumbai is located at the following address:
 
Office of Settlement Commission,
Customs & Central Excise
6th Floor, Utpad Shulk Bhavan,
Bandra-Kurla Complex, Bandra (East),
Mumbai - 400 051
Tel. No.: EPABX :6523010 / 6523011 / 6523012
Extn. Nos. :1600 to 1621
Enquiry Counter : 1661 (Extn.)
FAX : 6522425 / 6527675
 
Advance Ruling Authority
 
The Finance Bill, 1999 proposes to set up an advance Ruling Authority to give rulings on classification and valuation issues in advance for the benefit of joint ventures with NRI's.

Find a Lawyer

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Goods & Services tax (GST) bill passed by the Parliament

The Lok Sabha or the lower house of Parliament passed the 122nd Constitutional Amendment (GST) Bill, which was earlier modified and passed by the Rajya Sabha.  

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female