CONVERSION OF FREE SHIPPING BILL TO SEC 74 DRAWBACK SHIPPING BILL
A Shipper has initially exported Phycocyanin and a part quantity of the same was rejected for quality reasons which was re-imported by him without payment of duty in terms of Notification No. 158/95-Cus dated 14.11.1995 on executing Bond with Bank Guarantee.
Also he has paid difference in duty as demanded by Customs. The shipper has re-exported 100% of the said goods after rectifying the defect and the identification of the re-exported good is not disputed by the Department.
The shipper then sought suitable amendment to the re-exported shipping documents to enable the appellant to claim drawback in terms of Section 74. Comment.
Yes. Shipper is eligible for conversion of free SB to Sec 74 DBK SB.
The shipper has re-exported the said goods after addressing the quality issues. Thereafter, the appellant requested the Department to cancel their RE bond and return the corresponding Bank Guarantee as the shipper has discharged the obligation thereunder. While processing the request of the appellant, the Customs Department found that a part of the re-export was effected few days after the permissible period and hence, informed them to pay applicable import duties and interest for the corresponding quantities of re-imports. The shipper has paid the same to cancel BG.
Thereafter, the appellant sought suitable amendment to the related re-export shipping documents to enable the appellant claim drawback in terms of Section 74. The shipper’s request was rejected without affording him an opportunity of hearing which is in violation of the principles of natural justice. Also, it is substantive right of the exporter to claim drawback and it has been consistently held by various High Courts that substantive right should not be denied on account of procedural irregularities.
CBEC issued Circular No. 1063/2/2018-CX dated 16.02.2018 whereby they have compiled orders of Hon’ble Supreme Court High Courts and CESTAT which have been accepted by the Department on which no review petitions have been filed by the Department. Further note that at SI. No. 2 of this Circular, the Department has accepted the judgment of the Hon’ble High Court in the case of CCE Vs Dashiyon Ltd. reported in 2016 (41) STR 884 and the judgment of Hon’ble High Court of Rajasthan in the case of CCE Jaipur Vs National Engineering Industries Ltd. reported in 2016 (42) STR 945. Further, as per Para 2.1 of the Circular “Department has accepted the judgment whereby the Hon’ble High Courts dismissed the Department’s Appeal inter alia holding that substantive benefits cannot be denied because of procedural irregularities.
Hence Hon’ble CESTAT ordered to remand back the matter, to the Commissioner to consider the claim of the shipper for conversion of free shipping bills into drawback shipping bills.
M/S BIO GEN EXTRACTS PVT LTD VERSUS COMMISSIONER OF CUSTOMS BANGALORE, CESTAT BANGALORE, Order pronounced on 31/08/2020
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