Duty drawback already paid needs to be remitted as sale proceeds not received by exporter

R K Overseas Vs Senior Intelligence Officer (Delhi High Court)

Delhi High Court held that duty drawback has been paid to the exporter, but, until now, sale proceeds have not been received against exports, the deeming provision incorporated in the second (2nd) proviso to Section 75 will kick in. Hence, duty drawback needs to be remitted.

Facts-

The respondent no. 1 issued the impugned communication to the banker of the petitioner, which in substance, prevented the bank from making any debit entries in the account maintained with it by the petitioner.

Furthermore, it was clearly indicated in the communication that no “outward transactions” would be permitted in the account until further communication was received on that behalf from the respondent no. 1.

Please become a Premium member. If you are already a Premium member, login here to access the full content.