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TMI Blog2015 (11) TMI 1553X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the finished goods. The contract was awarded by M/s. NTPC under the international competitive bidding. Supply of goods under the said scheme is exempted from payment of Central Excise Duty in terms of Notification No.6/06-CE dated 01.03.2006. Supplies under the said scheme have also been recognized under the Foreign Trade Policy (FTP) in paragraph 8.2 (f) as deemed export. Since the goods supplied by the appellants do not suffer any Central Excise duty, there was no scope for utilization of the accumulated cenvat credit available in the books of account. Therefore, the appellants filed two Nos. of refund applications under Rue 5 of the Cenvat Credit Rules, 2004, claiming refund of the accumulated cenvat credit available in their books ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. (supra) is applicable to the facts of the present case for denial of the cenvat refund under Rule 5 ibid, the submissions of the ld. Advocate are that the said decision was taken by the Tribunal, relying on another decision of Tribunal in the case of Commissioner vs. Tiger Steel Engineering India Pvt. Ltd. reported in 2010 (259) E.L.T. 375 (Tri.), the operation of which has been stayed by the Hon ble Bombay High Court, as reported in 2011 (263) E.L.T. A 104 (Bom.). Thus, according to the ld. Advocate, since the operation of the decision of the Tribunal in the case of Tricolite Electrical (supra) has been stayed, the same cannot be acted upon for disallowing the cenvat credit refund to which the appellants are legally entitled to. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry obvious and we, therefore, hold that the Tribunal is justified and has not committed any substantial error of law in dismissing the appeal of the Revenue and confirming the order of the learned Commissioner (Appeals) holding that the clearances made by one 100% EOU to another 100% EOU which are deemed exports are to be treated as physical exports for the purpose of entitling refund of unutilized Cenvat credit contemplated under the provisions of Rule 5 of the Cenvat Credit Rule, 2004." 7. Reliance placed by the ld. Commissioner (Appeals) in the impugned order in case of Tricolite Electrical Indus. Ltd. (supra) is not applicable to the present case, in as much as, operation of the order in the case of Trigar Steel Engg. (supra), relied t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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