Harun Raaj & AssociatesHarun Raaj & Associates
Customs Duty & Trade Policyvia ICEGATE / DGFT Portal

Customs Duty Drawback — Sections 74 & 75 Claims

Customs duty drawback advisory and claim filing under Sections 74 and 75 of the Customs Act, 1962 — All Industry Rate (AIR) vs brand rate drawback on exported goods, application to Customs, and recovery of basic customs duty, CVD, and IGST paid on inputs.

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STARTING FROM₹14,999
TYPICAL TIMELINE30 days
DOCS REQUIRED5 documents
APPLICABLE TOCompany, LLP, Firm, Individual

Regulatory Framework

Section 74 of the Customs Act, 1962: drawback on re-export of imported goods — 98% of duty paid if exported within 2 years of import; percentage varies based on usage period (Section 74(1) and Drawback Rules 2017). Section 75 of the Customs Act, 1962: drawback on goods manufactured in India and exported — computed at All Industry Rate (AIR) notified annually by CBIC, or brand/specific rate applied for by manufacturer under Rule 7 of Customs and Central Excise Duties Drawback Rules 2017. Customs and Central Excise Duties Drawback Rules 2017 (effective 01.10.2017) — Rule 3 (AIR drawback as percentage of FOB export value), Rule 6 (brand rate application within 1 year of export), Rule 7 (special brand rate where AIR is less than 80% of actual duties suffered), Rule 11 (IGST refund on export of goods under shipping bill — Section 16 IGST Act). Section 16 of the IGST Act, 2017: zero-rating of exports; IGST refund on goods exported under shipping bill (auto-processed via ICEGATE-GST integration). Customs Act 1962 Section 17: verification of export documents. CBIC Circular on drawback schedule (updated annually — July notification).

Overview

Customs Duty Drawback is a mechanism under Sections 74 and 75 of the Customs Act, 1962, that allows exporters to claim a refund of duties paid on inputs used in the manufacture of exported goods. Our advisory and claim filing service ensures that businesses maximize their drawback benefits, whether under the All Industry Rate (AIR) or through brand/specific rate applications under the manufacturer.

Under Section 74, drawback is available on re-export of imported goods within two years of import, typically at 98% of the duty paid, subject to usage adjustments as per the Drawback Rules 2017. For goods manufactured in India and exported, Section 75 provides drawback computed at AIR notified annually by CBIC, or at brand rates applied for by manufacturers under Rule 7 of the Customs and Central Excise Duties Drawback Rules 2017.

Our team handles the entire process, from document preparation and application filing to follow-up with Customs authorities. We assist in claiming not only basic customs duty but also CVD and IGST refunds under Section 16 of the IGST Act, 2017. With expertise in CBIC circulars and the latest drawback schedules, we ensure compliance and timely recovery of your funds.

How It Works

  1. 1

    Document Collection and Assessment

    Gather all export documents, shipping bills, and duty payment records to assess drawback eligibility.

    Government3-5 days
  2. 2

    Drawback Rate Determination

    Analyze whether AIR drawback or brand/specific rate applies based on export details and duty paid.

    Government2-3 days
  3. 3

    Application Preparation and Filing

    Prepare and file the drawback application via ICEGATE portal with all necessary attachments.

    Government5-7 days
  4. 4

    Follow-up with Customs Authorities

    Track application status, respond to queries, and ensure timely processing.

    Government10-15 days
  5. 5

    Claim Settlement and Refund Recovery

    Facilitate final settlement and recovery of drawback amount, including IGST refund coordination.

    Government5-7 days

Frequently Asked Questions

What is Customs Duty Drawback?
Customs Duty Drawback is a refund mechanism under Sections 74 and 75 of the Customs Act, 1962, allowing recovery of duties paid on inputs used in exported goods. Section 74 applies to re-export of imported goods, while Section 75 applies to goods manufactured in India and exported.
What is the difference between AIR and Brand Rate Drawback?
All Industry Rate (AIR) drawback is notified annually by CBIC as a percentage of FOB export value under Rule 3 of the Customs and Central Excise Duties Drawback Rules 2017. Brand or specific rate is applied for by manufacturers under Rule 7 when AIR is less than 80% of actual duties suffered, providing a tailored drawback amount.
How is IGST Refund on Exports Processed?
IGST refund on exports is zero-rated under Section 16 of the IGST Act, 2017, and is auto-processed via ICEGATE-GST integration when goods are exported under a shipping bill, as per Rule 11 of the Drawback Rules 2017.
What Documents are Required for Drawback Claim?
Documents include export shipping bills, duty payment records, manufacturing details, and other proofs as per Section 17 of the Customs Act, 1962, for verification of export documents, and CBIC circulars on drawback claims.
What is the Time Limit for Filing Drawback Applications?
For brand rate applications, the time limit is within 1 year of export as per Rule 6 of the Customs and Central Excise Duties Drawback Rules 2017. AIR drawback claims are typically filed with the shipping bill or within prescribed limits.
Can Drawback be Claimed for Re-export of Imported Goods?
Yes, under Section 74 of the Customs Act, 1962, drawback is available on re-export of imported goods within 2 years of import, at 98% of duty paid if exported within one year, with reductions for longer usage periods as per the Drawback Rules 2017.
How are Drawback Rates Determined?
Drawback rates are determined based on the AIR notified annually by CBIC under Section 75 of the Customs Act, 1962, or through brand rate applications under Rule 7 of the Drawback Rules 2017, considering actual duties suffered on inputs.

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