Customs and Central Excise Duties Drawback Rules, 2017 › Customs and Central Excise Duties Drawback Rules, 2017

Rule 5. Determination of date from which the amount or rate of drawback is to come into force and the effective date for application of amount or rate of drawback

Customs and Central Excise Duties Drawback Rules, 2017

Official text

Rule 5. Determination of date from which theamount or rate of drawback is to come into force and the effective date forapplication of amount or rate of drawback. —

(1) The Central Government may specify the period uptowhich any amount or rate of drawback determined under rule 3 or revised underrule 4, as the case may be, shall be in force.

(2) Where the amount or rate of drawback is allowed withretrospective effect, such amount or rate shall be allowed from such date as may bespecified by the Central Government by notification in the Official Gazettewhich shall not be earlier than the date of changes in the rates of duty oninputs used in the export goods.

(3) The provisions of section 16, or sub-section (2) of section 83, of the Customs Act, 1962 (52 of 1962) shall determine the amount orrate of drawback applicable to any goods exported under these rules.

Judgments on Rule 5

  • John Deere India P Ltd vs Commissioner Of Customs-Pune — CESTAT, 13 Dec 2024. Where shipping bills are converted under section 149 of the Customs Act, 1962, the date of export for computing limitation under the Drawback Rules, 2017 must be deemed to be the date of conversion, not the original let…