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2007 (11) TMI 216 - CESTAT, MUMBAIImport of Tetracycline - On realizing that goods were eligible to exemption u/not..6/2002, importers applied for cancellation of out of charge & re-assessment of B/E - goods were under the custody of the dept. until the out of charge was given after re-assessment of the B/E – as per C.A. certificate, importer has established that the excess CVD paid has not been availed as credit & invoice value is higher than the sale price of the goods – incidence of duty has not been passed so refund allowed
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