TMI Blog2008 (2) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... eeraiyan, Member (T) [OrderPer: Mrs. Archana Wadhwa, Member (Judicial)]-.1. Being aggrieved with the order passed by the Commissioner (Appeals), Revenue has preferred the present appeal. We have heard Shri K.J. Sanchis, learned JDR, appearing for the Revenue and Shri S. Suriyanarayanan, learned Advocate appearing for the respondent. 2. As per the facts on record, the respondent is a 100% EOU, engaged in the manufacture of copper and copper allied products. They procured the duty paid inputs and availed the benefit of modvat credit in respect of the same. As such, the inputs were used by them in the manufacture of final products, which was cleared to another 100% EOU, as deemed export. As such, the modvat credit availed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rts or only the value of "physical" exports. In other words, whether 50% is to be computed treating the value of deemed exports also as exports. 22.The provision itself makes no distinction among various types of exports. It refers to "exports". Therefore, the terms of the provision, per se, does not call for exclusion of any exports. Deemed exports have all the elements of exports, inasmuch as they are also against competitive international tendering and payment is in foreign exchange. Therefore, on merits also, there is no justification for not treating deemed exports as exports. Looked at from economic efficiency angle, deemed exports should be given higher weightage, inasmuch as while such exports get the seller the benefit of exports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in holding that deemed export are also to be included in the total export for computing 50% of FOB value. It is further submitted that the Tribunal has wrongly relied upon the earlier decision in case of Ginni International Ltd , in as much the same was appealed against by the Revenue before Hon'ble Supreme Court. We are not appreciating the language used in the said ground, as if the Revenue was sitting in judgment over the correctness or otherwise of the Tribunal's decision in case of Amitex Silk Mills . In any case, we find that an identical issue was considered by the Tribunal in subsequent judgment in case of Sanghi Textiles Ltd . [2006 (226) E.L.T. 854 (T) ]decided on 26.7.06, laying down that in as much as the final produ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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