2008 (2) TMI 93

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....ber (Judicial)]-.1. Being aggrieved with the order passed by the Commissioner (Appeals), Revenue has preferred the present appeal.  We have heard Shri K.J. Sanchis, learned JDR, appearing for the Revenue and Shri S. Suriyanarayanan, learned Advocate appearing for the respondent.  2. As per the facts on record, the respondent is a 100% EOU, engaged in the manufacture of copper and copp....

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....product is cleared to another 100% EOU as deemed credit, in as much as the deemed export cannot be treated at par with physical export.  4. On appeal against the above order, the Commissioner (Appeals) allowed the same by following the Larger Bench decision in case of Amitex Silk Mills Vs. CCE Surat-I 2006 (194) ELT 344 (Tri-Delhi), laying down that the deemed export has all the elements o....

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....ion among various types of exports. It refers to "exports". Therefore, the terms of the provision, per se, does not call for exclusion of any exports. Deemed 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 export....

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.....O.B. value." Extract from Board"s Circular No. No.220/54/96-CX, dt.4.6.96: "2. The matter has been examined by the Board. Cash refund of the unutilised Modvat credit is an incentive given to manufacturers and exporters and non-grant of such claim will affect the competitiveness of the Indian industry in the International market. Accordingly I am directed to say that all such refund claims f....