Customs and Central Excise Duties Drawback Rules amended
The Drawback Rules have been amended.
++ Upper limit of drawback is not to exceed one third of the market price of the export product
++ Rule 12(1)(a)(ii) is substituted as follows:-
(ii) in respect of duties of Customs and Central Excise paid on the containers, packing materials and materials used in the manufacture of the export goods on which drawback is being claimed, no separate claim for rebate of duty under the Central Excise Rules, 2002 has been or will be made to the Central Excise authorities;
The earlier rule stood as,
(ii) the duties of Customs and Central Excise have been paid in respect of the containers, packing materials and materials used in the manufacture of the export goods on which drawback is being claimed and that in respect of such containers or materials no separate claim for rebate of duty under the Central Excise Rules, 1944 has been or will be made to the Central Excise authorities;
And what is the difference between the two. You can see the amendment actually substitutes Central Excise Rules, 2002 for Central Excise Rules, 1944. This they are doing four years after the Central Excise Rules 2002 came into existence. So perhaps they wanted to show as if some great amendment is carried out. A sort of legislative smuggling.
++ Rule 16 A is also amended to change “the Assistant Commissioner of Customs” to “the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be” and to provide for issue of notice if the exporter fails to produce evidence in respect of realisation of export proceeds, instead of giving notice on receipt of information from RBI.
NOTIFICATION NO. , Dated: February 15, 2006