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2017 (11) TMI 13

Refund of unutilized CENVAT credit - finished products supplied to projects financed by Asian Development Bank (ADB) - export/deemed export or not? - Held that: - goods cleared to a project financed by ADB, enjoying exemption in terms of notification No.108/95-CE dated 28.8.1995, are not specified under the category of ‘deemed exports’. Further, the authorities below in the impugned order, recorded that payment for such supply was not being received in foreign currency and no bill of export have .....

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No.108/95-CE dated 28.8.1995. Such refund claim was rejected by both the authorities below hence, the present appeal. 2. With this background we heard Shri Parveen Sharma and Shri R K Mishra, learned Counsels appearing for the parties. 3. The learned Counsel for the appellant argued that the supplies made to a project financed by ADB are to be deemed as export. Consequently, refund of Cenvat Credit under Rule 5 of the Cenvat Credit Rules, 2004 will be allowable as held by Hon ble Guarat High Cou .....

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etter of undertaking, as the case may be, or used in the intermediate product cleared for export, or used in providing output service which is exported, the CENVAT Credit in respect of the input or input service so used shall be allowed to be utilised by the manufacturer or provider of output service towards payment of - (i) duty of excise on any final product cleared for home consumption or for export on payment of duty or (ii) service tax on output service, and where for any reason such adjust .....

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ule, the words, output service which is exported means the output service exported in accordance with the Export of Service Rules, 2005.] 7. In the present case, the goods have been supplied by the appellant to a project financed by ADB. It is nobody s case that such supplies are to be considered as exports. However, the claim of the appellant is that such transaction be considered as deemed export in terms of para 8 .3 of EXIM Policy 2012-2013. 8. We have gone through the provisions of para 8.3 .....

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