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TMI Blog2010 (1) TMI 637X X X X Extracts X X X X X X X X Extracts X X X X ..... limit is not applicable has to be upheld - Hence, the appeal filed by the Revenue is rejected and appeal filed by the appellant is allowed. - E/1630 and 1545/2009 - A/96-97/2010-WZB/AHD - Dated:- 25-1-2010 - Shri B.S.V. Murthy, J. REPRESENTED BY : Shri R.S. Srova, JDR, for the Appellant. Shri Pradeep Jain, C.A., for the Respondent. [Order]. - M/s. Rangdhara Polymers (hereinafter referred to as appellants) filed claim for refund of Rs. 4,17,531/- for accumulated Cenvat credit on the inputs used in the manufacture of excisable goods cleared to a 100% EOU on 3-7-2008 as per the provisions of Rule 5 of Cenvat Credit Rules, 2004. While, the Original Adjudicating Authority rejected the refund claim totally on the ground of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the deemed exports cannot be equated with the exports and Rule 5 of Cenvat Credit Rules provides for refund of accumulated credit only and in the case of exports and not in the case of deemed exports. On the other hand learned Chartered Accountant submits that there are several other decisions of the Tribunal which have taken a contrary view. In Inox Air Product case, the decision was rendered relying upon the decision in the case of Blue Star Limited v. Commissioner - 2003 (155) E.L.T. 322 (Tribunal) and S.V. Business Pvt. Ltd. case. The decision in the case of S.V. Business Pvt. Limited was rendered on the ground that Tribunal had taken a view in the case of Blue Star Limited that goods sent to 100% EOU are one step away from completion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on merits, Revenue has no case and on the basis of decision of the Tribunal in the case of Sanghi Textiles and Shilpa Copper Wire Industries cited above, the appeal filed by Revenue is required to be rejected. 3. Coming to the limitation aspect, the same was considered in the case of Sanghi Textiles and it was held that limitation under Section 11B would not be applicable in the case of refund claim for accumulated credit under Rule 5 of Cenvat Credit Rules, 2004. Further, the learned Chartered Accountant also cited decision of the Tribunal in the case of Anjani Synthetics Limited - 2001 (132) E.L.T. 688 (Tri.), in support of his contention. In the absence of specific provisions related to refund of accumulated credit in Section 11B of Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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