TaxTMI 
TaxTMI 
2014 (6) TMI 826
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....e authority rejected the appeal filed by the appellant on the ground that conditions specified under Notification No.5/2006-CE(NT), issued under Rule 5 of the Cenvat Credit Rules, 2004, have not been fulfilled. It was also held by the first appellate authority that appellant has not produced any evidence to prove that the goods have been exported under bond and the credit has been accumulated due to exports of goods under bond. The refund claim filed by the appellant was also held to be time barred by the first appellate authority on the grounds that the same was filed after more than 18 months from the date of surrender of the registration. 2. Shri Paritosh Gupta, Advocate appearing on behalf of the appellant argued that the facts stated ....
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....unals decision in the case of M/s. Shilpa Copper Wire Industries (supra). It was argued that Hon'ble High Court of Gujarat in that case reported at 2011 (269) ELT 17 (Guj.) has held that clearances made to 100% EOU under CT-3 certificates has to be treated as deemed exports and accordingly refund under Rule 5 of the Cenvat Credit Rules, 2004 is admissible. 3.1 On the issue of time bar, Ld. Advocate appearing on behalf of the appellant relied upon the judgment of M/s. Western Cans P Ltd. Vs. CCE, Mumbai (2011-TIOL-919-CESTAT-MUM) to bring home the point that refund claim can be filed within one year as prescribed under Section 11B of the Central Excise Act, 1944 even if under Notification No.5/2006-CE(NT) it has been prescribed that such r....
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....ould be treated as exports, was pending in the Hon'ble High Court of Gujarat in an appeal filed by the revenue against the order passed by the CESTAT-Ahmedabad in the case of CCE, Surat Vs. M/s. Shilpa Copper Wire Industries (supra). This issue has been held in favour of the assessee by the Hon'ble High Court of Gujarat in the case of M/s. Shilpa Copper Wire Industries reported at 2011 (269) ELT 17 (Guj.). As the issue has been decided in favour of M/s. Shilpa Copper Wire Industries by Hon'ble High Court of Gujarat by holding that the clearances made to the 100% EOU are treated as deemed exports, therefore, on merit the case is in favour of the appellant. However, first appellate authority has rejected the refund claim of the appellant on t....