Drawback allowable on re-export of duty paid goods [Sub- Section (1) and (3) of Section 74] :
Sub-section (1) of section 74 provides that: when goods capable of being easily identified, which have been imported into India and upon which any duty has been paid on importation –
(i) are entered for export and the proper officer makes an order permitting clearance and loading of the goods for exportation under section 51; or
(ii) are to be exported as baggage and the owner of the baggage for the purposes of clearing it, makes a declaration of its contents to the proper officer under section 77 (which declaration shall be deemed to be an entry for export for the purp oses of this section) and such officer makes an order permitting clearance of the goods for exportation, or
(iii) are entered for export by post under section 82 and the proper officer makes an order permitting clearance of the goods for exportation,
98% of such duty, shall except as otherwise provided hereafter, be paid back.
Conditions to be satisfied in this regard:-
(a) the goods are identified to the satisfaction of the Assistant Commissioner of Customs or Deputy Commissioner of Customs as the goods which were imported and
(b) the goods are entered for export within two years from the date of payment of duty on the importation thereof.
However, in any particular case, the aforesaid period of two years may, on sufficient cause being shown, be entered by the Board by such further period, as it may deem fit.
Sub-section (3) of section 74 provides that the Central Government may make rules for the purpose of carrying out the provisions of this section and, in particular, such rules may —
(a) provide for the manner in which the identity of goods imported in different consignments which are ordinarily stored together in bulk, may be established;
(b) specify the goods which shall be deemed to be not capable of being easily identified; and
(c) provide for the manner and the time within which a claim for payment of drawback is to be filed.