INTRAPORT INDIA LIMITED Vs. COMMISSIONER OF CUS., IGI

JUDGEMENT

(1.) THE appeal is directed against recovery of drawback amount of about Rs. 97 lakhs. The order reads as under :

(2.) THE facts leading to the order are that the appellant had been exporting ready made garments during the period 1995 -97 to USA and Europe. The total exports were declared over Rs. 23 crores. These exports took place under 72 shipping bills and, from time to time, the appellant received drawback amounts in respect of consignments exported.

(3.) PROCEEDINGS were initiated under a show cause notice dated 9 -11 -2000 of the Directorate General of Revenue Intelligence that there was non -receipt of payments in foreign exchange and therefore the drawback paid was required to be recovered. The appellant's explanation before the lower authorities was that some of the consignments were not accepted and taken delivery of by the buyers, and as a result, the appellant had to arrange to sell the goods to other buyers. Time was taken in finding new buyers and disposing of the goods. This explanation of the appellant was not accepted by the Commissioner, with the observation that the remittances which have taken place after more than three years cannot be accepted. It is also observed that it is unlikely that after five years of reaching the destination, the goods should have been sold at the original price.