Background:
Earlier, the Department of Revenue under the Ministry of Finance of India vide Notification No. 208/1977-Customs, dated October 1, 1977 (“the Notification”) determined that such goods on which drawback of import duty was not to be allowed.
However, through Para 2 of the Notification, certain situations were described, in which the above mentioned Notification was not applicable. In this regard, Para 2 (c) stated the names of the customs stations through which petroleum products are exported by M/s Indian Oil Corporation Ltd., India to M/s Nepal Oil Corporation Ltd., Nepal. Para 2 (c) of the Notification before the amendment was read as under.
2. Nothing contained in this notification shall apply, –
(c) if any petroleum product is exported by M/s. Indian Oil Corporation Ltd., India, through any of the appointed land customs stations under claim for drawback, to M/s. Nepal Oil Corporation Ltd., Nepal, for which payment for the price is received in Indian currency and where such products are exported only through the land customs station at Panitanki, Raxaul, Jogbani, Sonauli, Rupedya, Gauriphanta and Dharchula.
Notification:
Now, the Department of Revenue under the Ministry of Finance of India vide Notification No. 106/2022-Customs (N.T.) dated December 12, 2022 amended the Notification.
Through the amendment, two more custom stations have been added in clause (c) of Para 2 of the Notification by substituting the words Gauriphanta, Dharchula, Bhithamore and Barhni” in place of the words “Gauriphanta and Dharchula”.
Post amendment, clause (c) of Para 2 will be read as:
2. Nothing contained in this notification shall apply, –
c) if any petroleum product is exported by M/s. Indian Oil Corporation Ltd., India, through any of the appointed land customs stations under claim for drawback, to M/s. Nepal Oil Corporation Ltd., Nepal, for which payment for the price is received in Indian currency and where such products are exported only through the land customs station at Panitanki, Raxaul, Jogbani, Sonauli, Rupedya, Gauriphanta, Dharchula, Bhithamore and Barhni.
Meaning thereby, post amendment, the drawback of import duty for the Petroleum Products being exported by M/s Indian Oil Corporation, India to M/s Nepal Oil Corporation Ltd., Nepal, through customs stations namely Gauriphanta, Dharchula, Bhithamore and Barhni for which payment for the price is received in Indian currency, will also be allowed.
The Notification can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1009571/ENG/Notifications
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