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Scrip fraud cases under section 28AAA: Customs must first adjudicate the misdeclaration, then ask DGFT to cancel

Instruction 17/2026-Customs tells field formations how to decide show cause notices that were held up because DGFT had not cancelled the instrument — in three situations the wait is no longer the rule.

Editor21 September 2026 · 2 min read

In 30 seconds

  • Misdeclaration in the shipping bill: Customs investigates and adjudicates first, amends the shipping bill, then refers the matter to DGFT.
  • Policy, eligibility or entitlement issues: refer to DGFT first; DGFT’s view prevails.
  • Where DGFT cannot cancel on technical or legal grounds: adjudicate on merits without waiting.
  • In all other cases, adjudication only after DGFT cancels the instrument.

The old instruction

Section 28AAA of the Customs Act, 1962 provides for recovery of duty from the person to whom an instrument or scrip was issued, where it was obtained by collusion, wilful misstatement or suppression of facts. A TRU letter of 1 June 2012 advised that demands be issued as soon as DGFT initiates cancellation, but decided only after DGFT cancels the instrument. Field formations reported that cases were stuck for want of that cancellation.

What the Board has now said

SituationWhat Customs does
Fraud alleged on misdeclaration in the shipping bill — misclassification, overvaluation or other incorrect declarationInvestigate and adjudicate under the Customs Act, amend the shipping bill where warranted, then refer to DGFT for cancellation of the scrip.
Fraud alleged on policy interpretation, eligibility or entitlementRefer to DGFT first. DGFT’s view on validity and entitlement prevails, and the Customs proceedings are decided accordingly.
DGFT is unable to cancel on technical or legal grounds, including a court orderProceed with adjudication and decide on merits.
All other cases where DGFT has initiated cancellationAdjudicate only after DGFT cancels the instrument.

The Board records DGFT’s position that scrips should not be cancelled solely on allegations, suspicions or requests from DRI or Customs without a final determination and an amendment to the shipping bill — and agrees with it.

Topicssection 28AAAexport scripsDGFTshow cause noticedrawback

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Editor

TaxClue News reports changes in tax, GST, trade and company law from the source document, and links that document in every story.

Published 21 September 2026. Updated 2 October 2026. This report is for general information and is not professional advice. Read the source document before acting on it.

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