Dt. 21/10/2002
Imp: - 127/Import/2002
Exp.: - 127/Export/2002

PUBLIC NOTICE NO: 127/2002

Sub: Eligibility of drawback on the element of SAD – regarding

Attention of all Exporters / CHA’s is invited to the Ministry’s Circular No. 58 issued under F.No. 605/177/2001 DBK dated 12.9.02 on the above subject produced below.

2. In terms of Section 74 and 75 of the Customs Act, inter-alia drawback of Customs duties suffered on inputs used in the manufacture of resultant export product is allowed. The C & AG of India had raised objection that drawback was not admissible on the element of SAD. It was, therefore, decided to seek opinion of Ministry of Law in the matter. Ministry of Law, on examination of issue, had given an opinion that in view of the wording of sub-section (4) of the Section 3A of the Customs Tariff Act, since the provisions of the Customs Act pertaining to refunds and exemptions only applied for the purpose of levy of SAD in terms of Customs Tariff Act and since this sub-section did not specifically provide for grant of drawback on the element of SAD, drawback on the element of SAD was not admissible. It was, therefore, decided to temporarily disallow drawback on the element of SAD.

3. However, various Associations and individual exporters kept on representing that since Sections 74 and 75 of Customs Act and Customs & Central Excise Duties Drawback Rules, 1995 clearly provide for grant of drawback on the element of SAD it was unfair on the part of DDR to have stopped granting such drawback. In this regard opinion of TRU was also sought as sub-section (4) was inserted in Section 3A of the Customs Tariff Act in the 1998 Finance Bill by TRU. TRU has categorically opined that the intention of the Government has been to allow drawback on the element of SAD.

4. On re-examination of the issue, Chairman, CBEC and Secretary, Revenue have ordered that since Sections 74/75 of the Customs Act clearly provide for grant of drawback on any customs duty (which includes SAD) drawback on SAD should be allowed.

5. It has, therefore, been decided that for the time being drawback on the element of SAD should continue to be granted.

6. All Drawback claims shall be decided accordingly.

(RAMESH RAMACHANDRA)
COMMISSIONER OF CUSTOMS (EP)
MUMBAI.

(Issued on the basis of Ministry’s Circular No. 58 issued under F.No. 605/177/2001 DBK dated 12.9.02 Govt. India, Ministry of Finance, Department of Revenue.)

F. No. S/10-390/2002 DBK

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