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2015 (11) TMI 700 - AT - Central ExciseDenial of refund claim - refund of unutilized Cenvat Credit - deemed export - whether the refund under Rule 5 and Notification issued thereunder is admissible in case of the deemed export i.e. supplies made to 100% EOU by the appellant from their DTA unit - Held that:- In the case of NBM Industries(2011 (9) TMI 360 - GUJARAT HIGH COURT) the Hon ble Gujarat High Court following their own judgment in case of Shilpa Copper wire Industries(2010 (2) TMI 711 - GUJARAT HIGH COURT ) held that deemed export can be equated with physical export and accordingly the refund under Rule 5 cannot be denied on the ground that supply under deemed export and not under physical export. In the case of Shilpa Copper wire Industries(supra) the issue involved was refund under Rule 5 in a case where goods were supplied from one 100% EOU to another 100% EOU. The Hon’ble Court held that the Tribunal is justified and has not committed any substantial error of law in dismissing the appeal of the Revenue and confirming the order of the learned Commissioner(Appeals) holding that the clearances made by one 100% EOU to another 100% EOU which are deemed exports are to be treated as physical exports for the purpose of entitling refund of unutilized Cenvat Credit contemplated under the provisions of Rule 5 of the Cenvat Credit Rules, 2004. - appellant is entitled for cash refund of accumulated Cenvat amount in terms of Rule 5 of Cenvat Credit Rules, 2004. - Decided in favour of assessee.
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