Drawback Refund of Inputs on Zero Excise Items
like Leather, Bicycles and Bus Bodies in Pre-GST Era under Para 3(a) and (3b)
of Circular 83/2003 dated 18.09.2003 and Circular No. 97/2003 dated 14.11.2003
are not applicable for exports made in post GST era
Brand Rates in Post-GST Era can be Claimed
by the Exporter on Actual Basis under Rules 6 and 7 of aforesaid Rules, 2017
[Circular No.
24/2019-Customs dated 8 August 2019]
Subject:
Clarification regarding applicability of All Industry Rates of duty drawback
while fixing Brand Rate of duty drawback in post GST era.
Representations
have been received from trade and field formations seeking clarification on
applicability of Circular Nos. 83/2003 dated 18.09.2003 and 97/2003 dated
14.11.2003 to cases of Brand Rate fixation in the post GST era.
2.
The matter has been examined. Circular Nos. 83/2003- Customs dated 18.09.2003
and 97/2003- Customs dated 14.11.2003 were issued by the Board allowing the
applicability of All Industry Rates (AIRs) of Duty Drawback in respect of
certain specific items, namely, finished/lining leather, bicycles and their
parts/accessories and bus bodies when used in the export product, while
determining Brand Rate of Duty Drawback under Rules 6 and 7 of the then
Customs, Central Excise Duties and Service Tax Drawback Rules, 1995 (now
Customs and Central Excise Duties Drawback Rules, 2017). These clarifications
in the pre-GST era were issued based on the premise that the aforesaid items
were exempt from levy of Central Excise duty and the duties on their inputs
remained unrelieved.
3.
Post GST, since Central Excise duty on inputs and Service Tax on input services
used in the manufacture of export goods have been subsumed in GST for which
input tax credit/refund is available thereunder, the basic premise for
applicability of AIRs for calculation of Brand Rate of duty drawback no longer
exists for exports made in GST regime. Accordingly, it is clarified that
contents of para 3(a) and 3(b) of Circular No. 83/2003 dated 18.09.2003 and
Circular No. 97/2003 dated 14.11.2003 are not applicable for exports made in
post GST era.
4.
As regard the duties to be rebated under Duty drawback scheme in post GST era,
which are not refunded or neutralized in any other manner, the same can be
claimed by the exporter on actual basis in terms of Rules 6 and 7 of aforesaid
Rules, 2017.
5. A
suitable Trade Notice and Standing Order may be issued for the guidance of the
trade and staff. Difficulties faced, if any, in implementation of the Circular
may be immediately brought to the notice of the Board.
F.
No. 609/39/2019-DBK