2010 (1) TMI 637

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....ri Pradeep Jain, C.A., for the Respondent. [Order]. - M/s. Rangdhara Polymers (hereinafter referred to as appellants) filed claim for refund of Rs. 4,17,531/- for accumulated Cenvat credit on the inputs used in the manufacture of excisable goods cleared to a 100% EOU on 3-7-2008 as per the provisions of Rule 5 of Cenvat Credit Rules, 2004. While, the Original Adjudicating Authority rejected ....

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....tions for stay and early hearing. Since the matter was heard in detail and detailed arguments have been presented by both the sides, the appeals filed by both the parties are taken up together for final disposal. In view of this position, stay application is rejected and early hearing application is allowed. 2. Heard both the sides. Learned DR on behalf of the Revenue submitted that Commis....

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....imited v. Commissioner - 2003 (155) E.L.T. 322 (Tribunal) and S.V. Business Pvt. Ltd. case. The decision in the case of S.V. Business Pvt. Limited was rendered on the ground that Tribunal had taken a view in the case of Blue Star Limited that goods sent to 100% EOU are one step away from completion of exports and this by itself cannot conclude export. On this basis it was held that claim that good....

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.... relevant rules and notifications and came to the conclusion that refund of Cenvat credit is available even in the case of deemed exports. In that case, the Tribunal was considering the admissibility of refund in respect of deemed credit. Further, the same Division Bench which rendered the decision in the case of Inox Air Products Pvt. Limited, considered this issue in the case of Shilpa Copper Wi....