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CMA Final · Indirect Tax Laws and Practice · Refund

Under the Customs Act, 1962, duty paid on goods exported is refundable if the goods are returned to the exporter otherwise than by way of re-sale. Which additional pair of conditions must be satisfied for such a refund of export duty?

Export duty is refunded if the goods come back 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. The other options change these periods.

  1. AGoods re-imported within one year from the date of exportation, and refund application made within six months from the date on which the proper officer orders clearance of the goodsCorrect
  2. BGoods re-imported within two years from the date of exportation, and refund application made within one year from the date of the clearance order
  3. CGoods re-imported within six months from the date of exportation, and refund application made within one year from the date of the clearance order
  4. DGoods re-imported within one year from the date of exportation, and refund application made within three months from the date of the clearance order

Explanation

The export duty refund provision requires three things: return of the goods other than by re-sale, re-importation within one year of exportation, and an application before six months expire from the date of the proper officer's order for clearance of the goods. The other options alter one or both periods.

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