2005 (1) TMI 446

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..... Member (J)]. The Asst. Commissioner, Central Excise, Chembur Division, Mumbai-II, rejected the refund claim of Rs. 3,79,729/- filed by the appellant and on appeal, the Commissioner of Customs Central Excise (Appeals), Mumbai, has confirmed the same. Hence this appeal by the assessee. 2. M/s. USV Ltd. are engaged in export of various P P Medicaments. 3. The appellant fulfilled the expor .....

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..... ty is not required to be reversed. 6. The contentions of the appellant are that - (a) The condition of Notification 203/92-Cus., shall apply when the applicants have the benefit of the said notification. The said notification provides for duty free imports of inputs specified in the value based advance licence. As mentioned above, the appellants in respect of these licences have not avai .....

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..... ed Advance Licence Scheme. The appellants have also exported the goods and obtained a licence. However, they abandoned the desire to avail the benefit under the scheme and surrendered the licence so granted, which has been subsequently cancelled and there is enough evidence on record. Therefore, the credit reversal effected while making the export were not required and the appellants have to get t .....

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