Cases where IGST Refunds have not been granted due to claiming higher rate of drawback or where higher rate and lower rate were identical
PUBLIC NOTICE NO. 40/2018 Dated:- 10-10-2018 Trade Notice
Customs
OFFICE OF THE PRINCIPAL COMMISSIONER OF CUSTOMS
CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM – 530 035
F. No. P3/06/2017-Stats(AM).Pt. II
Date: 10.10.2018
PUBLIC NOTICE NO. 40/2018
Sub: Reg.
Numerous representations have been received by Board from exporters/export associations regarding cases where IGST Refunds have not been granted because higher rate of drawback has been claimed or where higher rate and lower rate were identical.
2. The issue has been examined extensively by Board. The legal provisions related to Drawback cla
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tification No. 59/2017-Cus(NT) dated 29.06.2017 and 73/2017-Cus(NT) dated 26.07.2017) prescribed that 'The rates and caps of drawback specified in columns (4) and (5) of the said Schedule shall be applicable to export of a commodity or product if the exporter satisfies the following conditions, namely –
… … …
(ii) If the goods are exported on payment of integrated goods and service tax, the exporter shall declare that no refund of integrated goods and services tax paid on export product shall be claimed ..….'.
2.3 In terms of Rules 12 and 13 of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, the shipping bill itself is treated as claim for drawback in terms of the declarations made
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rs had availed the option to take drawback at higher rate in place of IGST refund out of their own volition. Considering the fact that exporters have made aforesaid declaration while claiming the higher rate of drawback, it has been decided that it would not be justified allowing exporters to avail IGST refund after initially claiming the benefit of higher drawback. There is no justification for reopening the issue at this stage.
4. The above changes are brought to the notice of the exporter / Customs Brokers for information and compliance.
5. Difficulties, if any, may be brought to the notice of Assistant Commissioner (Dbk), Custom House, Visakhapatnam.
[Authority: Board's Circular No. 37/2018-Customs dated 09.10.2018]
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(Dr. D.
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