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TMI Blog2011 (8) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... -TMI - 205858 - GUJARAT HIGH COURT) upheld the view taken by Tribunal that the clearances made by one 100% EOU to another 100% EOU, which are deemed export are to be treated as physical export for the purpose of granting refund of unutilized CENVAT Credit contemplated under the provisions of Rule 5 of CENVAT Credit Rules, 2004 - Decided in favor of assessee. - E/1917/2010 - - - Dated:- 24-8-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Manoj Handlooms Vs. CCE Chennai 2009 (240) ELT 158 (Tri-Chennai), and NBM Industries Vs. CCE Rajkot 2009 (246) ELT 252 (Tri-Ahmd). On the other hand, ld.JDR relied upon the decision of the Tribunal in the case of Inox Air Products Ltd. Vs. CCE Rajkot 2007 (212) ELT 287 (Tri-Ahmd) and in the case of S.V. Business Pvt.Ltd. Vs. CCE Thane-I 2006 (198) ELT 408 (Tri-Mumbai). Ld.Cunsel submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ras in the case of BAPL Industries Ltd. Vs. UoI 2007 (211) ELT 23 (Mad.). I find that in that case, the Hon'ble High Court of Madras was considering circular issued by Board taking a view that deemed export cannot be equated with physical export. Hon'ble High Court concluded that physical export cannot be equated with deemed export. Hon'ble High Court was not considering the provisions of Rule 5 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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