The Duty Drawback (DBK) refers to the refund in respect of Central Excise and Customs Duties paid in respect of raw materials and other inputs used in the manufacture of the product, prior to export.
Whom to Apply: The customs house in whose jurisdiction the exporter’s factory or warehouse is situated.
When to Apply: An exporters is entitled to claim the duty drawback as soon as the export of goods is completed. Delivery of goods at the port of destination is not essential. Export’ for the purpose of claiming duty drawback is evidenced by “Let Export Order”. Claim application is to be submitted with in a period of three months from the date of “Let Export Order”, issued by the Customs Officer. The exporter can seek extension of period for submission of claim. The Assistant Commissioner can grant extension for a period of three months, if he is satisfied that the exporter is prevented from submitting the application.
When Samples are Drawn: In case, any sample has been drawn from the shipment of goods to determine the contents of the basic materials for fixation of drawback, the sample report is be given to the exporter within a period of one month from the date of taking the sample. This report is to be submitted along with other relevant documents for submitting the claim. Delay in giving the report will be added to the period allowed for submission i.e. three months period. For example, if the sample report is given after one month and twenty-five days, the exporter can submit the claim within three months and twenty-five days, in addition to the discretionary extension period of three months.
Drawback Rates: The Government of India announces the rates of duty drawback (Latest DBK Rates) every year on 31st May, product wise in the drawback schedule. Generally, the rates are expressed as a percentage of the FOB value of the goods exported. All such rates are called All Industry Rates. The rates are made effective from 1st June of every year. In case, duty drawback rate is not announced for a particular product, the manufacturer/exporter is known as Brand Rate. In case, the rate of duty drawback is less than 80% of the duties paid, the exporter can submit an application for suitable upward revision. This is known as Special Brand Rate. The application is to be submitted to Directorate of Duty Drawback Ministry of Finance.
When Duty Drawback not Admissible: Duty drawback is admissible for the export of all the notified products. However, in the following cases, it is not admissible:
(a) No excise/customs duty is paid for the manufacture of export product
(b) Amount of drawback is less than 1% of the FOB value of the goods. However, if the amount of drawback is more than INR 500, it can be claimed
(c) If the export proceeds are not realized within six months
(d) If the amount of foreign exchange spent on the inputs used for the export is more than the foreign exchange value of the exports. In other words, value addition is negative
(e) Cenvat Credit is availed of
How to File Claim: The procedure for claiming duty drawback depends upon whether the processing of shipping documents has been computerized or not. The exporter is not required to file any separate application for claiming duty drawback, if the processing of documents has been computerized at the jurisdiction customs station. Where processing has not been computerized, separate application is to be submitted for claiming duty drawback. Triplicate copy of the shipping bill becomes the application only after the Export General Manifest is filed.
Documents to be submitted: The following documents are to be submitted to the Directorate of Duty Drawback:
(a) Triplicate copy of the Shipping Bill
(b) Copy of bank attested invoice
(c) Copy of Packing List
(d) Copy of Bill of Lading/ Airway Bill
(e) Copy of ARE-1 form, where applicable
(f) Insurance Certificate, where necessary
(g) Copy of the Test Report, where required
(h) Copy of communication regarding Special Brand Rate fixation
(i) Copy of the export contract or letter of credit as the case may be
(j) Pre-receipt for drawback claim
How Claim Amount is paid: The Customs House that has the jurisdiction over the port or airport through which exports are affected makes the payment.
How Delay in Payment of Claim is avoided: when the claim application along with complete set of documents is submitted, an acknowledgement in the prescribed form is issued to the exporter within 15 days from the date of filing the claim. The duty drawback is to be paid to the exporter within a period of 2 months from the date of acknowledgment. In case of delay, interest @15% per annum is paid for the period of default.