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TMI Blog2016 (4) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... lant argued that the issue is no more res integra as the same has been decided by Hon'ble Gujrat High Court in the case of Commissioner of Central Excise and Customs Vs. NBM Industries - 2012 (276) E.L.T. 9 (Guj.). Ld. Consultant also relied upon the case law of Bhuwalika Steel Industries Ltd. [2014 (311) ELT 971 (G.O.I.) ] and argued that even Government of Indias decision has held that deemed export to a 100% EOU has also to be considered as physical export. 3. Shri J. Bose, A.C. (A.R.) appearing on behalf of the Revenue argued that Hon'ble Madras High Court in the case of BAPL Industries Ltd. Vs. Union of India -2007 (211) E.L.T. 23 (Mad.) has held that deemed export cannot be considered as physical export. 4. Heard both sides and per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s) holding that the clearances made by one 100% EOU to another 100% EOU which are "deemed exports" are to be treated as physical exports for the purpose of entitling refund of unutilized Cenvat credit contemplated under the provisions of Rule 5 of the Cenvat Credit Rule, 2004?" 3. The Division Bench after taking into account the detail submissions of the counsel appearing for the parties held and observed as under : "14. We have heard the learned Counsel appearing for the parties and after considering their submissions, we are of the view that the issue raised by the Revenue in the present Tax Appeal is squarely covered by the decision of Amitex Silk Mills Pvt. Ltd. (supra), Commissioner of Central Excise v. Ginni International Ltd. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p to a specified value, Revenue cannot go beyond the permission and dispute it holding that for fixing the limit only physical exports and not deemed exports should have been taken into account. 15. In view of the above settled legal position and considering the fact that the issue is settled by the Apex Court by those very judgments on which the Tribunal has placed reliance while deciding the case of the present respondent, we are of the view that no purpose will be served in keeping this matter pending, awaiting the out come of the Apex Court's decision in the case of Amitex Silk Mills Pvt. Ltd. (supra), especially when in two other matters, the Apex Court has already dismissed the appeals filed by the Revenue. 16. In the above fact s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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