TMI Blog2016 (9) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 01.03.2006 as deemed export - Held that:- in view of various case laws of Hon'ble Supreme Court, High Court and Tribunal, the appellant is entitled to the benefit of refund of unutilized cenvat credit as the supplies made by them to a Project financed by World Bank under International Competitive Bidding is ‘deemed export’ under the provisions of para 8.3 of the Import-Export Policy 2004-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . for the resondent ORDER M/s Indira Marshall Oil Engines is in appeal against the order of Commissioner(Appeals) whereunder refund claim of ₹ 57,71,500/- was rejected on the ground that exports made were not under Bond or letter of undertaking as required under Notification No. 5/2006-CE(NT) dated 14.03.2006 issued under Rules of Cenvat Credit Rules, 2004. 2. The appellant has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submissions of both sides along with case laws quoted. The appellant supplied the goods to a project financed by the World Bank under International Competitive Bidding and such supplies are treated as deemed exports as per Import-Export Policy, 2004-09. The appellant pleads that as per para 8.3 of the said Policy, the deemed export is eligible for all the benefits available to the physical exports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bidding is deemed export under the provisions of para 8.3 of the Import-Export Policy 2004-09. The condition in the Notification No. 5/2006-CE(NT) dated 14.3.2006 that the goods have to be cleared under bond or under letter of undertaking will not make difference in the case of deemed exports made by the appellant. Once it is clear that the supplies made by the appellant are in the nature of de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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