mandamus directing the respondent to sanction the claim of duty drawback under Section 74 of the Custom Act, 1962 in respect of the goods ... direct the respondent to sanction the claim of duty drawback under Section 74 of the Custom Act, 1962 in respect of the goods re-exported
procedures, cannot be allowed to be exported under claim of drawback under section 74 of the Customs Act, 1962, without reference to explicit provisions contained ... that the assessee satisfy the conditions stipulated under Section 74 of the Customs Act 1962. Section 74 does not impose any condition
reversal of Cenvat Credit, (ii) The appellant had claimed the drawback under Section 74 of the Customs Act, 1962 therefore they are not entitled ... regard the claim of drawback, he submits that though the claim of drawback is of 98% in terms of Section 74 of the Customs
duty is time barred. That appellant is also eligible to drawback as under Sec 74 of the Customs Act 1962 if appellant is made ... made to pay duty then they would be eligible to Drawback under Sec 74 of the Customs Act 1962. This aspect can be taken
Deputy Commissioner of Customs] under the
foregoing provisions of this sub-section shall, instead of
being credited to the Fund, be paid to the applicant ... export duty as specified in section 26 ;
(e) drawback of duty payable under sections 74 and 75 ;
(f) the [duty and interest, if any, paid
74,971/- inclusive of duty drawback amounting to
3 ITA No.2756/Del./2015
Rs.3,72,186/- under section 10BA of the Act which ... earned duty drawback of Rs.3,72,186/- and claimed deduction
u/s 10BA at Rs.16,74,971/- which has been allowed after
Section 18 by way of Sub-Section (5) w.e.f. 13.7.2006 which reads as under:
(5) The amount of duty refundable under sub-section ... export duty as specified in section 26 ;
(e) drawback of duty payable under sections 74 and 75 .]
From the above, it is clear that
Deputy Commissioner of Customs] under the foregoing provisions of this sub-section shall, instead of being credited to the Fund, be paid to the applicant ... export duty as specified in section 26 ;
(e) drawback of duty payable under sections 74 and 75 ;
(f) the [duty and interest, if any, paid
been re-exported and naturally the benefit of drawback for re-export is available under Section 74 . The Tribunal had relied upon the circulars dated
Lahoti Overseas Ltd, Mumbai vs Department Of Income Tax on 30 March, 2016
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