Clarification regarding exports under claim for drawback in the GST scenario

Customs – PUBLIC NOTICE NO. 32/2017 – Dated:- 28-7-2017 – OFFICE OF THE COMMISSIONER OF CUSTOMS CUSTOM HOUSE: PORT AREA: VISAKHAPATNAM: 530 035 F. No. P3/06/2017-Stats/A.M. Date: 28.7.2017 PUBLIC NOTICE NO. 32/2017 Sub:- Clarification regarding exports under claim for drawback in the GST scenario.- reg. Attention of all officers and trade is invited to Circular No. 22/2017-Customs, dated 30.6.2017 wherein the higher All Industry Rates (AIRS) under Duty Drawback scheme viz. rages and caps available under columns (4) and (5) of the Schedule of All Industry Rates of Duty Drawback have been continued for a transition period of three months i.e. 1.7.2017 to 30.9.2017. 2. Various issues were highlighted to the Board by field formations and expor

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131/2016-cus (N.T.) dated 31.10.2016 by Notification 73/2017- Cus (N.T.) dated 26.7.2017 and dispensed with the requirement of the certificate from GST officer to claim higher rate of drawback. TD facilitate exports, the higher rate of drawback can be claimed on the basis of self-declaration to be provided by exporter in terms of revised Note and Condition 12A of aforesaid Notification. 4. Since Notes and Conditions of Notification No. 131/2016-Cus (NT) dated 31.10.2016 (as amended) are integral part of the rates of drawback given under the Schedule to said Notification, accordingly in terms of the Section 75(3) of the Customs Act, 1962 and Rule 5(2) of the Customs, Central Excise Duties and Service Tax Drawback Rules, 1995, it may be noted

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r. 5. Another aspect that may be noted is that there could be cases where export goods had been cleared from factory, warehouse, etc. prior to 1.7.2017 but let export order has not been issued before 1.7.2017. Such goods are not supplies under GST and accordingly, said Note and Condition 12A is not applicable. For such goods, the declaration from exporter or certificate from the then Central Excise officer as applicable in terms of Note and Condition 12 of said Notification No. 131/2016- Customs (NT) shall continue, 6. As part of audit checks, the need for regular sample checking of the veracity of declarations accepted for disbursing AIR drawback claims has been highlighted in Board's instruction F. No. 603/01/2011-DBK dated 11.10.2013

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