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Indra Marshall Oil Engines Versus C.C.E., Indore

2016 (9) TMI 883 - CESTAT NEW DELHI

Refund claim - 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 - clearance of goods under Notification No. 108/95-CE dated 28. .....

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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 2004-09. The condition in the Notification No. 5/2006-CE(NT) dated 14.3.2006 that the .....

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be entitled to the benefit of entitlement to the cash refund of the cenvat credit amount lying unutilized in their said account. - Decided in favour of appellant with consequential relief - Central Excise Appeal No.610 of 2009 - Final Order No. 5313 .....

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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) .....

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28.08.2005 and 06/2006-CE dated 01.03.2006; these clearances are covered as deemed export under this Notification. The appellant also relies upon the following case laws: a) Commr. of Central Excise vs. Shilpa Copper Wire Industries - 2011 (269)ELT 1 .....

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ted the findings of the lower authorities. 4. We have carefully considered the facts of the case and the submissions of both sides along with case laws quoted. The appellant supplied the goods to a project financed by the World Bank under Internation .....

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ports. 4.1 There are enough case laws which have held that deemed exports are at par with the physical exports and the benefits available for physical exports cannot be denied to the deemed exports. Some of the said case laws are given below: C.C.E. .....

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101 (Tri-Mumbai). 4.2 After having gone through the above case laws, we are of the view that 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 Interna .....

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