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2017 (1) TMI 661 - AT - Service Tax100% EOU - Refund of unutilised credit u/r 5 of CCR - rejection on the ground of nexus - Held that: - Commissioner (Appeals) has allowed the appeal of the assessee on the basis of the decision of CESTAT, Bangalore in the case of ANZ International [2007 (11) TMI 218 - CESTAT, BANGALORE], where it was held that Rule 5 of the CENVAT Credit Rules provides for refund of Cenvat credit where the appellants are not able to utilize the same - appellants had availed Cenvat credit and they were not in a position to utilize the same for the reason that all the products were exported – as per Rule 5 CCR, they are rightly entitled for the refund of unutilized credit. The learned Commissioner (Appeals) has also held that all the input services are directly used in relation to the processing of iron ore and they are admissible for credit and all the input services fall in the definition of ‘input service’ as contained in Rule 2(l) of the Cenvat Credit Rules. Appeal dismissed - refund allowed - decided against Revenue.
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