Customs Act, 1962 › Chapter V — Levy of, and Exemption from, Customs Duties
Section 26. Refund of export duty in certain cases
Customs Act, 1962
Bare Act
Refund of export duty in certain cases. — Where on the exportation of any goods any duty has been paid, such duty shall be refunded to the person by whom or on whose behalf it was paid, if -
(a) the goods are returned to such person otherwise than by way of re-sale;
(b) the goods are re-imported within one year from the date of exportation; and
(c) an application for refund of such duty is made before the expiry of six months from the date on which the proper officer makes an order for the clearance of the goods.
Judgments on Section 26
- J.M.Baxi And Co vs Government Of India — Madras High Court, 4 Dec 2019. A steamer or its agent cannot be held liable under Section 116 of the Customs Act, 1962 merely because remission of customs duty was allowed to the importer under Section 23, and invocation of Section 116 long after 9…
- Dinesh Bhabootmal Salecha vs Commissioner Of Customs Mumbai Import -… — CESTAT, 23 Jun 2022. Provisional release of seized goods under section 110A is an independent proceeding that must be allowed immediately upon seizure notwithstanding pendency of adjudication, and the security demanded must be…
- Amglo Resources Pvt Ltd vs Commissioner Of Customs — CESTAT, 17 Jun 2022. Conditions of provisional release under section 110A must satisfy the 'golden mean' — the Tribunal can interfere where excessive bond or bank guarantee requirements amount to effective denial of release, and the section…
- C.C., New Delhi (Icd)(Tkd) vs M/S. Haldiram Manufacturing Co.P.Ltd — CESTAT, 12 Feb 2016. Refund under Section 26A(1) is confined to goods cleared on payment of duty for home consumption, so where imported goods were never cleared for home consumption but were re-exported, the offence proviso does not bar…
- Al Amin Exports vs Commssioner Of Central Excise… .Opponent — Gujarat High Court, 27 Jan 2014. A mere assertion that the appeal has an excellent case on merits, without pleading and proving undue hardship, does not justify complete waiver of pre-deposit under Section 129E, as an arguable point in appeal is not…
- Indian Overseas Bank vs The Assistant Commissiooner Of Central… — Madras High Court, 3 Sep 2026