2009 (3) TMI 999 - SCH - Customs

EOU - refund of credit on inputs - Tribunal hold that there is nothing in the Cenvat Credit Rules which prohibits 100% EOUs availing Cenvat credit. Rule 5 of the said Rules provides for refund of credit availed by the exporter where they do not utilize the goods as inputs for manufacture of 100% export - decision in the case of COMMISSIONER OF CUSTOMS, BANGALORE Versus ANZ INTERNATIONAL 2008 (6) TMI 155 - KARNATAKA HIGH COURT contested, where it was held 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 - Held that - decision in the above case upheld - appeal dismissed - decided against appellant.