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    <title>2008 (2) TMI 93 - CESTAT  AHMEDABAD</title>
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    <description>Unutilised Cenvat credit was treated as refundable under Rule 5 where final products were cleared to another 100% EOU as a deemed export. The Tribunal followed its earlier view that deemed exports contain the essential elements of export and should be treated at par with physical exports for export-linked benefits. It relied on the refund mechanism&#039;s purpose of protecting exporters and preserving competitiveness, together with the Board circular directing prompt disposal of refund claims when credit cannot be utilised against exported goods. On that basis, refund was held admissible and the Revenue&#039;s challenge failed.</description>
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    <pubDate>Wed, 06 Feb 2008 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=4433</link>
      <description>Unutilised Cenvat credit was treated as refundable under Rule 5 where final products were cleared to another 100% EOU as a deemed export. The Tribunal followed its earlier view that deemed exports contain the essential elements of export and should be treated at par with physical exports for export-linked benefits. It relied on the refund mechanism&#039;s purpose of protecting exporters and preserving competitiveness, together with the Board circular directing prompt disposal of refund claims when credit cannot be utilised against exported goods. On that basis, refund was held admissible and the Revenue&#039;s challenge failed.</description>
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      <pubDate>Wed, 06 Feb 2008 00:00:00 +0530</pubDate>
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