2003 (9) TMI 497

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.... the customs authorities before export of Colour T.V. sets was allowed. The present appeals seek refund of the credits which have been reversed on the ground that such credits were rightly taken under the excise law which does not require any reversal. The lower authorities have rejected the refund claims. 2. Shri T. Vishwanathan, the learned Advocate for the appellants fairly concedes that against the exports made by the appellants, duty benefit has been taken under the customs Notification No. 203/92-Cus., dated 19-5-1992. He also concedes that Clause v(a) of the said notification prescribes a condition that no input duty credit should be taken while availing customs duty exemption. It is, however, his case that this requirement i....

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....peals and states that since the appellants have availed the customs duty exemption under Notification No. 203/92, they were required to reverse the credit taken on the inputs, which they have subsequently done; and therefore, they are not entitled to refund of the inputs duty. He also states that since large number of manufacturers/exporters have availed of double benefit, they were granted a general amnesty from duty demand and penal action under customs law, subject to such exporters/manufacturers reversing the input duty credit. In the instant case, what the appellants have done is in line with the amnesty scheme and there is no question of granting any refund of the input duty credit reversed by them. He also cites the decision of the T....

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....s to demand not only additional duty but also basic duty of customs from the appellants as well as interest and would expose the appellants to penal action for violation of the condition under Notification No. 203/92-Cus. In fact, the appellants themselves have to brought to our notice that such a proceeding was initiated against them in one case but keeping in view the reversal of the credit, the action has been dropped. They themselves have also brought it to our notice that in the remaining four cases, the customs authorities have not initiated any such action and we presume that such non-action is on account of the fact that the appellants have already reversed the input duty credit. 6. In view of the foregoing, we are of the vi....