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2017 (11) TMI 13 - AT - Central ExciseRefund of unutilized CENVAT credit - finished products supplied to projects financed by Asian Development Bank (ADB) - export/deemed export or not? - Held that: - goods cleared to a project financed by ADB, enjoying exemption in terms of notification No.108/95-CE dated 28.8.1995, are not specified under the category of ‘deemed exports’. Further, the authorities below in the impugned order, recorded that payment for such supply was not being received in foreign currency and no bill of export have also been prepared for the sale of such goods in India. Consequently, the supply to ADB project does not fall in the category of export / deemed export - appeal dismissed - decided against appellant.
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