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TMI Blog2007 (8) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the Order-in-appeal No. 174/CE/Appl/Ldh/2005 dated 24-3-2005 passed by the Commissioner (Appeals), Central Excise, Ludhiana. 2. Respondent filed refund claim of Rs. 2,67,247/- under Rule 5 of the Cenvat Credit Rules, 2002 of duty paid on inputs used in the manufacture of final products cleared for deemed export. The adjudicating authority rejected the refund claim. The Commissioner (Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reiterates the findings of the Commissioner (Appeals). He relied upon paragraph 12 of the Board circular dated 30-7-2003. He also relied upon the decision of the Tribunal in the case of Amitex Silk Mills Pvt. Ltd. v. CCE, Surat-I - 2006 (194) E.L.T. 344 (Tri.-Del). 5. After hearing both the sides and on perusal of the record, it is seen from the impugned order of the Commissioner (Appeals) tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tendering and payment is in foreign exchange. Therefore, on merits also, there is no justification for not treating deemed exports as exports. Looked at from economic efficiency angle, deemed exports should be given higher weightage, inasmuch as while such exports get the seller the benefit of exports, principally, payment in foreign exchange, the Indian buyer saves on freight and other elements o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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