Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 351 - CESTAT BANGALORERefund claim - accumulated CENVAT credit availed on input services - clearances to 100% EOU - denial on the ground that the goods were cleared to EOU either under bond or under LUT and there was no physical export and hence, the assessee did not fulfill the requirement prescribed under Rule 5(1) - Held that: - The Hon le High court of Gujarat in the case of CCE Vs. NBM Industries [2011 (9) TMI 360 - GUJARAT HIGH COURT] has held that refund could not be denied on the ground that it was case of deemed export. Since the Apex Court as well as the High Courts have specifically held that deemed exports are equivalent to physical export and therefore keeping in view the precedents of the High Court and the Supreme Court, the clearances to an EOU is to be treated as export and refund of unutilized credit is allowed to the respondent-assessee - appeal dismissed - decided against appellant.
|