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2011 (8) TMI 235 - CESTAT, AHMEDABADRefund - 100% EOU - Rule 5 of CENVAT Credit Rules, 2004 - disallowed on the ground that refund of accumulated credit can be allowed only in the case of physical export and not in the case of deemed export - The Hon'ble High Court in CCE Vs. Shilpa Copper Wire Industries (2010 -TMI - 205858 - GUJARAT HIGH COURT) upheld the view taken by Tribunal that the clearances made by one 100% EOU to another 100% EOU, which are deemed export are to be treated as physical export for the purpose of granting refund of unutilized CENVAT Credit contemplated under the provisions of Rule 5 of CENVAT Credit Rules, 2004 - Decided in favor of assessee.
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