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2016 (9) TMI 883 - AT - Central ExciseRefund claim - exports made were not under Bond or letter of undertaking as required under Notification No. 5/2006-CE(NT) dated 14.03.2006 issued under Rules of Cenvat Credit Rules, 2004 - clearance of goods under Notification No. 108/95-CE dated 28.08.2005 and 06/2006-CE dated 01.03.2006 as deemed export - Held that:- in view of various case laws of Hon'ble Supreme Court, High Court and Tribunal, the appellant is entitled to the benefit of refund of unutilized cenvat credit as the supplies made by them to a Project financed by World Bank under International Competitive Bidding is ‘deemed export’ under the provisions of para 8.3 of the Import-Export Policy 2004-09. The condition in the Notification No. 5/2006-CE(NT) dated 14.3.2006 that the goods have to be cleared under bond or under letter of undertaking will not make difference in the case of deemed exports made by the appellant. Once it is clear that the supplies made by the appellant are in the nature of deemed exports, they would be entitled to the benefit of entitlement to the cash refund of the cenvat credit amount lying unutilized in their said account. - Decided in favour of appellant with consequential relief
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