9911796707
TMI Blog2016 (4) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... t is entitled to refund of accumulated Cenvat credit when finished goods supplied to deemed exports area. - Decided in favour of appellant with consequential relief X X X X Extracts X X X X X X X X Extracts X X X X ..... since Rule 5 of the Cenvat Credit Rules does not cover such a situation granting benefit of deemed export. It is Revenue's case that only physical export would qualify for refund. We need not record the submissions at length since we find that similar issue was considered by a Division Bench of this Court in Tax Appeal No. 968 of 2008 [2011 (269) E.L.T. 17 (Guj.)]. One of the questions posed before the Court was as follows : "(i) Whether in the facts and circumstances of the case, the Tribunal is justified and has committed a substantial error of law in dismissing the appeal of the Revenue and confirming the order of the learned Commissioner (Appeals) holding that the clearances made by one 100% EOU to another 100% EOU which are "deemed e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only physical exports and not deemed exports should have been taken into account. It is also important to note that the decision of the Tribunal in the case of Sanghi Textiles Ltd. v. Commissioner of Customs & Central Excise (supra) was also challenged by the Revenue before the Apex Court and the Apex Court vide order dated 16-8-2007 dismissed the Revenue's appeal. While dismissing the said appeal, Apex Court has referred to its decision in the case of Ginni International Ltd. (supra) and reiterated that the Tribunal in its impugned order had held that once Development Commissioner giving permission to the appellant, a 100% EOU, to sell goods in DTA up to a specified value, Revenue cannot go beyond the permission and dispute it holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ries Ltd. Vs. Union of India (supra) is concerned, it is observed that while deciding the issue, Madras High Court was considering a CBEC Circular on deemed export and the issue before Madras High Court was not regarding refund of unutilized CENVAT Credit under Rule 5 of the CENVAT Credit Rules, 2004. The case law of CCE Vs. NBM Industries (supra) is specifically on the issue of admissibility of refund under Rule 5 of the CENVAT Credit Rules, 2004 when finished goods are supplied to deemed export areas. Since the ratio laid down by the Hon'ble Gujrat High Court in the case of CCE Vs. NBM Industries (supra) is squarely applicable to the present factual matrix, therefore, appeal filed by the appellant is allowed with consequential relief, if ..... X X X X Extracts X X X X X X X X Extracts X X X X
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