Chapter X - Drawback

Drawback allowable on re-export of duty-paid goods.

SECTION 74.

(1) When any goods capable of being easily identified which have been imported into India and upon which ¹[any duty has been paid on importation, -    

(i) are entered for export and the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51; or

(ii) are to be exported as baggage and the owner of such baggage, for the purpose of clearing it, makes a declaration of its contents to the proper officer under section 77 (which declaration shall be deemed to be an entry for export for the purposes of this section) and such officer makes an order permitting clearance of the goods for exportation; or

(iii) are entered for export by post under ²[clause (a) of section 84] and the proper officer makes an order permitting clearance of the goods for exportation, 
ninety-eight per cent of such duty shall, except as otherwise hereinafter provided, be re-paid as drawback, if -]

(a) the goods are identified to the satisfaction of the ³[Assistant Commissioner of Customs or Deputy Commissioner of Customs] as the goods which were imported; and

(b) the goods are entered for export within twoyears from the date of payment of duty on the importation thereof :

Provided that in any particular case the aforesaid period of two years may, on sufficient cause being shown, be extended by the Board by such further period as it may deem fit.

(2) Notwithstanding anything contained in sub-section (1), the rate of drawback in the case of goods which have been used after the importation thereof shall be such as the Central Government, having regard to the duration of use, depreciation in value and other relevant circumstances, may, by notification in the Official Gazette, fix.

⁴[(3) The Central Government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may -

(a) provide for the manner in which the identity of goods imported in different consignments which are ordinarily stored together in bulk, may be established;

(b) specify the goods which shall be deemed to be not capable of being easily identified; and

(c) provide for the manner and the time within which a claim for payment of drawback is to be filed.]

(4) For the purposes of this section -

(a) goods shall be deemed to have been entered for export on the date with reference to which the rate of duty is calculated under section 16;

(b) in the case of goods assessed to duty provisionally under section 18, the date of payment of the provisional duty shall be deemed to be the date of payment of duty.

Note :-

1. Substituted by Act 80 of 1985, section 6, for certain words (w.e.f.27.12.1985). Earlier those words were amended by Act 11 of 1983, section 51 (w.e.f. 13.05.1983).

2. Substituted by section 85 (w.e.f.29.03.2018),  by Finance Act, 2018 (13 of 2018), for “section 82”.

3. Substituted by Act 27 of 1999, section 100, for “Assistant Commissioner of Customs” (w.e.f. 11.05.1999). Earlier the words “Assistant Commissioner of Customs” were substituted by Act 22 of 1995, section 50, for the words “Assistant Collector of Customs” (w.e.f. 26.05.1995).

4. Substituted by Act 22 of 1995, section 60, for sub-section (3) (w.e.f. 26.05.1995).