2007 (8) TMI 537

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cate, for the Respondent. [Order]. - Revenue filed this appeal against the Order-in-appeal No. 174/CE/Appl/Ldh/2005 dated 24-3-2005 passed by the Commissioner (Appeals), Central Excise, Ludhiana. 2. Respondent filed refund claim of Rs. 2,67,247/- under Rule 5 of the Cenvat Credit Rules, 2002 of duty paid on inputs used in the manufacture of final products cleared for deemed export. T....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ing October and November, 2003. 4. The learned advocate on behalf of the respondent reiterates the findings of the Commissioner (Appeals). He relied upon paragraph 12 of the Board circular dated 30-7-2003. He also relied upon the decision of the Tribunal in the case of Amitex Silk Mills Pvt. Ltd. v. CCE, Surat-I - 2006 (194) E.L.T. 344 (Tri.-Del). 5. After hearing both the sides an....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....med exports have all the elements of exports, inasmuch as; they are also against competitive international tendering and payment is in foreign exchange. Therefore, on merits also, there is no justification for not treating deemed exports as exports. Looked at from economic efficiency angle, deemed exports should be given higher weightage, inasmuch as while such exports get the seller the benefit o....