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CMA Final · Indirect Tax Laws and Practice · Refund

Under section 26 of the Customs Act, 1962, export duty paid on goods is refundable if the goods come back to the exporter. Which set of conditions must be met?

Export duty is refunded only if the goods return otherwise than by re-sale, are re-imported within one year of exportation, and the refund application is filed within six months from the date the proper officer orders their clearance on re-import.

  1. AGoods returned otherwise than by way of re-sale, re-imported within one year of exportation, and refund application made within six months from the date the proper officer orders clearance of the goodsCorrect
  2. BGoods returned by way of re-sale, re-imported within two years, and application made within one year of re-importation
  3. CGoods returned otherwise than by way of re-sale, re-imported within six months, and application made within one year from payment of duty
  4. DGoods re-imported within one year, with application made within six months from the date of the original export order

Explanation

Section 26 requires three conditions: the goods are returned otherwise than by re-sale, they are re-imported within one year from exportation, and the application is made before six months expire from the date the proper officer orders clearance of the goods. The other options alter the periods or the reference dates.

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