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    <title>2016 (9) TMI 883 - CESTAT NEW DELHI</title>
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    <description>Supplies made to a World Bank financed project under International Competitive Bidding were treated as deemed exports under the Import-Export Policy 2004-09, so the assessee was entitled to refund of unutilized Cenvat credit. The requirement in Notification No. 5/2006-CE(NT) that clearance be made under bond or a letter of undertaking did not defeat the refund claim where the supplies otherwise qualified as deemed exports. The reasoning was that deemed exports must receive the same export benefits as physical exports, and a procedural condition in the refund notification cannot override that substantive entitlement.</description>
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      <description>Supplies made to a World Bank financed project under International Competitive Bidding were treated as deemed exports under the Import-Export Policy 2004-09, so the assessee was entitled to refund of unutilized Cenvat credit. The requirement in Notification No. 5/2006-CE(NT) that clearance be made under bond or a letter of undertaking did not defeat the refund claim where the supplies otherwise qualified as deemed exports. The reasoning was that deemed exports must receive the same export benefits as physical exports, and a procedural condition in the refund notification cannot override that substantive entitlement.</description>
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