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2018 (8) TMI 1386 - AT - Central ExciseRefund of accumulated CENVAT Credit - Deemed Exports - Rule 5 of the Central Excise Rules, 2004 - Held that:- In the case of Sirmaxo Chemicals Pvt. Ltd. vs. CCE, Thane-II [2016 (6) TMI 543 - CESTAT MUMBAI] wherein it has been held that clearances made to SEZ unit is deemed export - As the clearances made to the SEZ are deemed units, in that circumstances, the facts of that case are applicable to the facts of the present case. Admittedly, due to the clearances made to SEZ unit, the cenvat credit accumulated in their cenvat credit account and remained unutlised. Therefore, under Rule 5 of the Cenvat Credit Rules, 2004 the appellant is entitled to claim refund of cenvat credit remained unutilised in their cenvat credit account. Refund allowed - appeal allowed - decided in favor of appellant.
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