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2018 (3) TMI 341 - AT - Central Excise100% EOU - restriction of time limit for availment of CENVAT credit insofar as the goods lying in stock, or under utilisation, after entitlement to credit was restored to appellant - Held that: - Rule 6(6) of CCR 2004 emphatically excludes such export oriented units from various restrictions on availment of CENVAT credit. This follows from the principle that exporters are entitled to refund of duties/taxes discharged on inputs/input services, as well as terminal excise duties, which is operationalised by rule 5 of CENVAT Credit Rules, 2004. Such a rebating is possible, and is given effect to, only by availment of CENVAT credit. There is no dispute over the claim of the appellant that CENVAT credit has been availed only on stocks that were physically available, either in original form or as converted, within the factory, the disallowance of CENVAT credit in the impugned order is set aside - appeal allowed - decided in favor of appellant.
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