2014 (1) TMI 1810 - AT - Central Excise

100% EOU - Refund claim - whether the respondent is eligible for refund of accumulated CENVAT credit arising because of deemed exports made to 100% EOUs within India? - Held that - the issue is squarely covered by the decision of the Hon ble High Court of Gujarat in the case of CCE Vs Shilpa Copper Wire Industries 2010 (2) TMI 711 - GUJARAT HIGH COURT , where it was held that the deemed exports have to be treated at par with physical exports for granting refunds of accumulated credit under N/N. 5/2006 - appeal dismissed - decided against Revenue.

Summary

The issue was whether the respondent is eligible for refund of accumulated CENVAT credit due to deemed exports to 100% EOUs within India. The decision was based on the High Court ruling that deemed exports should be treated the same as physical exports for refund purposes under Notification No. 5/2006. Both appeals were rejected.