Drawback Rates on
Export of Imported Goods
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19 In exercise of the powers
conferred by sub-section (2)
06.02.65 of section 74 of the Customs
Act, 1962 (52 of 1962), and in
supersession of the
notification of the Government of India in the Ministry of Finance (Department
of Revenue) No. 48-Customs, dated the 1st February, 1963, the Central
Government hereby fixes the rates mentioned in column (3) of the Table below as
the rates at which drawback of import duty shall be allowed in respect of goods
used after their importation, which have been out of Customs control for the
period specified in the corresponding entry in column (1) of the said Table:
Table |
||
SNo |
Length
of period between the date of clearance for home consumption and the date
when the goods are placed under Customs control for export |
Percentage
of import duty to be paid as Drawback |
(1) |
(2) |
(3) |
1. |
Not more than three months |
95% |
2. |
More than three months but not more
than six months |
85% |
3. |
More than six months but not more
than nine months |
75% |
4. |
More than nine months but not more
than twelve months |
70% |
5. |
More than twelve months but not more
than fifteen months |
65% |
6. |
More than fifteen months but not
more than eighteen months |
60% |
7. |
More than eighteen months |
Nil |
[Table
substituted by 23/01.03.2008] |
Provided
that where the period referred to in column (1) is more than 24 months,
drawback shall be allowed, only, if the Commissioner of Customs concerned on
sufficient cause being shown, has in that particular case extended the period
beyond 24 months: [Omitted
by 23/01.03.2008]
Provided further that when any of the goods specified
below have been used after their importation into India, drawback of import
duty paid thereon shall not be allowed when they are exported out of India.
(i) Wearing
apparel
(ii) Tea
chests.
(iii) Exposed
cinematograph films passed by the Board of Film Censors in India.
(iv) Unexposed
photographic films, paper and plates, and X-ray films.
2.
Notwithstanding anything contained in paragraph 1, in respect of a motor car or
goods (other than the goods specified in the second proviso to that paragraph),
imported by a person for his personal and private use drawback of duty shall be
calculated by reducing the import duty paid in respect of such motor car or goods
by 4% 3%, 21/2% and 2% for use for each quarter or part thereof during the
period of first year, second year, third year and fourth year respectively:
Provided that where the period aforesaid is more than 2
years, drawback shall be allowed, only if the Board, on sufficient cause being
shown, has in that particular case extended the period beyond 2 years: