Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 › Customs, Central Excise Duties and Service Tax Drawback Rules, 1995.
Rule 2. Definitions
Customs, Central Excise Duties and Service Tax Drawback Rules, 1995
Official text
Rule 2. Definitions. — In these rules, unless the context otherwise requires, -
(a) "drawback" in relation to any goods manufactured in India and exported, means the rebate of duty or tax, as the case may be, chargeable on any imported materials or excisable materials used or taxable services used as input services in the manufacture of such goods;
(b) "excisable material" means any material produced or manufactured in India subject to a duty of excise under the Central Excises and Salt Act, 1944 (1 of 1944);
(c) "export", with its grammatical variations and cognate expressions, means taking out of India to a place outside India or taking out from a place in Domestic Tariff Area (DTA) to a special economic zone and includes loading of provisions or store or equipment for use on board a vessel or aircraft proceeding to a foreign port;
(d) "imported material" means any material imported into India and on which duty is chargeable under the Customs Act, 1962 (52 of 1962);
(da) "input service" shall have the same meaning as is assigned to it in the CENVAT Credit Rules, 2004.
(e) "manufacture" includes processing of or any other operation carried out on goods, and the term manufacturer shall be construed accordingly.
Judgments on Rule 2
- Union Of India vs M/S. B.T. Patil And Sons Belgaum… — Supreme Court of India, 5 Feb 2024. Where duty drawback on a deemed export is not refunded within three months of the claim, the claimant is statutorily entitled to interest under Section 75A(1) of the Customs Act at the rate fixed under Section 27A (15%…
- M/S Jairath International And Another vs Union Of India And Others — Punjab-Haryana High Court, 4 Oct 2019. The customs department has no power under Rule 16 of the Drawback Rules, 1995 or the Valuation Rules, 2007 to re-assess a shipping bill duly assessed at the time of export, because goods already exported are not 'export…
- M/S Famina Knit Fabs vs Union Of India And Others — Punjab-Haryana High Court, 20 Sep 2019. A demand of duty drawback as erroneously or excessively availed is bad in law where the rule invoked (Rule 16, Drawback Rules, 1995) prescribes no machinery or procedure for determining and demanding such drawback, and…