Drawback Rules, 1995 Rule 13 — Manner and time for claiming drawback on goods exported other than by post
Drawback Rules, 1995 · Manner and time for claiming drawback on goods exported other than by post
Rule 13. Manner and time for claiming drawback on goods exported other than by post. -1
(1)Triplicate copy of the Shipping Bill for export of goods under a claim for drawback shall be deemed to be a claim for drawback filed on the date on which the proper officer of Customs makes an order permitting clearance and loading of goods for exportation under section 51 and said claim for drawback shall be retained by the proper officer making such order.1
(2)The said claim for drawback should be accompanied by the following documents, namely :-1
(i)copy of export contract or letter of credit, as the case may be,1
(ii)copy of Packing list,1
(iv)insurance certificate, wherever necessary, and1
(v) copy of communication regarding rate of drawback where the drawback claim is for a rate determined by the 1Principal Commissioner of Central Excise or Commissioner of Central Excise, as the case may be3 or the 1Principal Commissioner or Commissioner4 of Customs and Central Excise, as the case may be,1ARE-12, wherever applicable,
(iv)insurance certificate, wherever necessary, and
(v)copy of communication regarding rate of drawback where the drawback claim is for a rate determined by the Principal Commissioner of Central Excise or Commissioner of Central Excise, as the case may be3 or the Principal Commissioner or Commissioner4 of Customs and Central Excise, as the case may be,] under rule 6 or rule 7 of these rules.
(3)(a) If the said claim for drawback is incomplete in any material particulars or is without the documents specified in sub-rule (2), shall be returned to the claimant with a deficiency memo in the form prescribed by the Principal Commissioner of Customs or Commissioner of Customs, as the case may be4 within 10 days and shall be deemed not to have been filed for the purpose of section 75A.
(b)where the exporter resubmits the claim for drawback after complying with the requirements specified in the deficiency memo, the same will be treated as a claim filed under sub-rule (1) for the purpose of section 75A.
(4)For computing the period of 5one monthone month6] prescribed under section 75A for payment of drawback to the claimant, the time taken in testing of the export goods, not more than one month, shall be excluded.]
(5)Subject to the provisions of sub-rules (2), (3) and (4), where the exporter has exported the goods under electronic shipping bill in Electronic Data Interchange (EDI) under the claim of drawback, the electronic shipping bill itself shall be treated as the claim for drawback.7
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Amendment History
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1
Substituted (w.e.f. 1-11-1996) by M.F. (D.R.) Notification No. 54/96-Cus. & C.E. (N.T.), dated 31-10-1996.
2
Substituted by Notification No. 80/2006-Cus. (N.T.) , dated 13-07-2006.
3
Substituted by Notification No. 23/2014-C.E. (N.T.), dated 6-08-2014.
4
Substituted by Notification No. 56/2014-Cus. (N.T.) , dated 6-08-2014.
5
Substituted by M.F. (D.R.) Notification No. 15/99-Cus. and C.E. (N.T.), dated 9-2-1999.
6
Substituted by M.F. (D.R.) Notification No. 69/2011-Cus. (N.T.) , dated 22-9-2011.
7
Inserted by Notification No. 80/2006-Cus. (N.T.) , dated 13-07-2006.