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TMI Blog2017 (7) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... icial) Sh. P.S. Reddy, Assistant Commissioner (AR) for the Appellant Sh. K.S. Venkatagiri, Advocate for the Respondent ORDER [Order Per : M. V. Ravindran] 1. These three appeals are filed by the Revenue against Order-in-Appeals No.HYD-EXCUS-001-APP-130 to 132-16-17-ST dated 17.02.2017. 2. Heard both sides and perused the records. 3. On perusal of the records and considerations of the submissions made by the both sides, I find that the issue which falls for consideration in these cases are, whether the respondent is eligible to avail for CEVNAT credit the various inputs which were utilized for manufacturing final products and cleared to 100% EOU. The respondent herein claimed on refund of an amount availed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not disputed that the subject goods had, in fact, been removed under ARE-3's against B-17 bond. Rule 5 of CCR, 2004 had not, at the material time, explicitly excluded deemed exports from the definition of exports as has been made clear by the amendment made in Rule 5 after 01.03.2015 which further has made the intention of the Government clearer. The said amendment in Rule 5 appears to be prospective only in the absence of anything contrary. Therefore, there is no legal basis to exclude deemed exports made during the period up to February 2015 from the benefit and the respondent has to be held to be eligible for the refund of accumulated CENVAT credit in terms of Rule 5 of the CCR, 2004 as it stood at the material time. I also find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Further, in the decision rendered by the Hon ble CESTAT, Hyderabad Bench on a similar issue, while referring to the decisions cited supra, it was categorically held vide final order No. A/30890-30891/2016 dated 27.09.2016 that the refund of accumulated CENVAT credit under Rule 5 of CCR, 2004 in respect of clearances made to 100% EOU is admissible. It has also been brought to my notice that the Hon ble Tribunal, Hyderabad vide Final Order No. A/30005-30010/2017 dated 03.01.2017 in the case of the appellants themselves on the same question of law has allowed the appeals. Respectfully following the said decision I hold that the appellants are entitled to the refund of the accumulated CENVAT credit under Rule 5 of the CCR, 2004 on the subjec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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