Harun Raaj & AssociatesHarun Raaj & Associates
Direct Tax Services

Customs Duty & Drawback Services

Duty Drawback

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Overview

Duty drawback is the refund of customs duties and central taxes paid on inputs that go into goods which are then exported. Under Section 75 of the Customs Act 1962, drawback is allowed on the export of goods manufactured from imported inputs where the exporter is not entitled to the input credit of the duties — and Section 74 covers the drawback on re-export of imported goods. The rates are fixed by the Central Government by notification — the All Industry Rate (AIR) drawn from average input-consumption norms, or a brand rate fixed for a specific exporter where the AIR is inadequate.

The drawback is real money sitting in the export. Every exporter whose product carries duty-paid imported inputs has a drawback entitlement, and the claim is made through the shipping bill at export or by a separate claim. For exporters who also claim the Advance Authorisation route or the input tax credit on the same inputs, the claims must be reconciled — the same duty cannot be claimed twice, and the co-relation between the schemes is a classic source of disputes.

Skipping drawback or claiming it wrong has two costs. Not claiming leaves the money with Customs; claiming it wrong — an inflated rate, an ineligible input, a mismatch with the credit claimed elsewhere — invites a demand with interest and penalty under the Customs Act. The AIR is periodically revised, and exporters who do not track the revisions keep using stale rates.

This service is for exporters claiming duty drawback under Sections 74 and 75 of the Customs Act 1962. We compute the claim from the input and export data, decide the AIR vs brand-rate route, reconcile the drawback with Advance Authorisation and input tax credit positions, file the claims, and manage the departmental queries through to the credit in your bank account.

How It Works

  1. 1

    Entitlement Analysis

    We analyse your export and input data to compute the drawback entitlement under the notified rates.

    Harun Raaj & Associates does this3-5 days
  2. 2

    Rate Route Decision

    We decide between the All Industry Rate and a brand rate under Section 75, whichever recovers more.

    Harun Raaj & Associates does this1 week
  3. 3

    Claim Preparation & Filing

    We prepare and file the drawback claim with the shipping bill or the separate claim route.

    Harun Raaj & Associates does this1 week
  4. 4

    Scheme Reconciliation

    We reconcile the claim with Advance Authorisation and input tax credit positions to avoid double claims.

    Harun Raaj & Associates does this3-5 days
  5. 5

    Credit & Query Support

    We follow the claim to bank credit and answer departmental queries.

    Harun Raaj & Associates does this2-6 weeks

Frequently Asked Questions

What is the difference between drawback under Section 74 and Section 75 of the Customs Act, 1962?
Section 74 applies when imported goods are re-exported as-is, granting a drawback of up to 98% of customs duty paid if the goods are re-exported within two years of import (Rule 5 of the Re-export of Imported Goods (Drawback of Customs Duties) Rules, 1995). Section 75 applies to exported goods that were manufactured using imported inputs; the drawback rate is fixed by the Drawback Schedule notified annually by the Ministry of Finance under Rule 3 of the Customs and Central Excise Duties Drawback Rules, 2017.
How is the All Industry Rate (AIR) drawback different from a Brand Rate, and when should a manufacturer opt for Brand Rate?
AIR is a schedule rate notified under Rule 4 of the Customs and Central Excise Duties Drawback Rules, 2017, computed as an average across exporters for a tariff heading. If the actual customs and central excise duty incidence on an exporter exceeds the AIR by more than 1%, the exporter may apply for a Brand Rate under Rule 6 or Rule 7 (special Brand Rate application within 3 months of export). Brand Rate is based on verified actual input consumption and duty paid, so it is appropriate where a manufacturer uses an unusual input mix or higher-duty imported components.
What is the time limit for filing a drawback claim, and what happens if the shipping bill is not processed on time?
Under Section 75A of the Customs Act, 1962, drawback must be paid within one month of the date of filing of the drawback claim (i.e., the date the export general manifest is filed and the shipping bill is processed as Let Export). If payment is delayed beyond that, interest at the rate notified under Section 75A(2) accrues from the date of expiry of the one-month period. An exporter must realise foreign exchange within the period specified under FEMA 1999 (generally 9 months for goods, extendable by AD Bank); failure to realise can trigger recovery of drawback under Rule 16A of the 2017 Rules.
Can duty drawback be claimed alongside other export incentives such as RoDTEP?
Yes, but with a critical restriction: under Rule 15 of the Customs and Central Excise Duties Drawback Rules, 2017, drawback cannot be claimed on the customs duty component for which RoDTEP credit has already been allowed under the Remission of Duties and Taxes on Exported Products Scheme (notified by DGFT Public Notice). In practice, the drawback schedule and RoDTEP schedule are structured to avoid double-dipping — AIR drawback today generally covers only residual customs duty not covered by RoDTEP. The shipping bill must flag both claims and the system at ICES reconciles eligibility.
What documents are required to support a drawback claim and how is the claim filed?
The claim is filed electronically through the ICEGATE portal via the shipping bill itself, which acts as the drawback claim under EDI procedures (Customs Circular No. 33/2016 and subsequent ICEGATE SOPs). Supporting documents include the Bill of Lading or Airway Bill, commercial invoice, packing list, Bank Realisation Certificate (BRC) or FIRC for foreign exchange receipt, and for Brand Rate applications, Form DBK-I to DBK-III evidencing input consumption and duty payment. Where the drawback exceeds Rs. 50 lakh in a financial year, a CA certificate verifying the duty incidence may be required under Rule 7.

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