TMI Blog2008 (6) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... inputs for manufacture of 100% export - Tribunal rightly hold that EOU is entitled to take credit on the duty of the inputs procured indigenously and when they were not in a position to utilize the same, they are entitled for refund - 11 of 2008 - - - Dated:- 28-6-2008 - V. Gopala Gowda and Ravi Malimath, JJ. Shri N.R. Bhaskar, Advocate, for the Appellant. [Judgment per: V. Gopal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise (by way of referring to other concessions available to subject to final orders) and further contended that another ground in support of the substantial question framed in this appeal is that the CESTAT has misconceived the provisions of Rule 6(6) of Cenvat Credit Rules, 2004 (for short he Rules' in applying the same to the facts of the case by interpreting the provisions of sub-rule (1) of Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder bond. In the case of 100% EOUs, the input can be imported free of duty and they can obtain indigenously also free of duty. When duty is paid on the inputs, then the appellants are entitled for the Cenvat credit facility under the Rules "Cenvat Credit Rules". There is nothing in the Rules which prohibits 100% EOUs availing Cenvat credit. Rule 5 of the said Rules provides for refund of Cenvat c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finished goods were exempted, refund of Cenvat credit on inputs and packing materials are admissible in terms of Rule 5 of the Rules. Therefore, the Tribunal has held that 100% EOU is entitled to take Cenvat credit on the duty of the inputs procured indigenously and when they were not in a position to utilize the same, they are entitled for the benefit of the refund under Rule 5 of the Rules. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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