Customs Act, 1962 — Chapter X: Drawback
74. Drawback allowable on re-export of duty-paid goods
- Where easily identifiable goods imported into India and on which import duty has been paid: (i) are entered for export and cleared for exportation under section 51; (ii) are exported as baggage on declaration under section 77; or (iii) are entered for export by post under the relevant regulations and cleared for exportation, up to 98% of such duty is repayable as drawback, if (a) the goods are identified to the satisfaction of the Assistant/Deputy Commissioner as the goods imported; and (b) the goods are entered for export within two years of the date of duty payment (extendable by the Board for sufficient cause).
- Where the goods have been used after importation, the drawback rate is such as the Central Government, having regard to duration of use, depreciation and other relevant factors, fixes by notification.
- The Central Government may make rules for the purposes of this section, including for establishing identity of bulk-stored goods, specifying goods deemed not easily identifiable, and the manner and time for filing drawback claims.
- For this section: (a) goods are deemed entered for export on the date the rate of duty is calculated under section 16; (b) for provisionally assessed goods under section 18, the date of payment of provisional duty is deemed the date of payment of duty.
