2016 (9) TMI 883

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....ber Present Shri Rajesh Kumar, Advocate for the appellants Present  Shri  Yogesh Agarwal,   A.R. for the  resondent ORDER M/s Indira Marshall Oil Engines is in appeal against the order of Commissioner(Appeals) whereunder refund claim of Rs. 57,71,500/- was rejected on the ground that exports made were not under Bond or letter of undertaking as required under No....

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....e ld. A. R. , Shri Yogesh Agarwal, who has reiterated the findings of the lower authorities. 4.   We have carefully considered the facts of the case and the submissions of both sides along with case laws quoted. The appellant supplied the goods to a project financed by the World Bank under International Competitive Bidding and such supplies are treated as deemed exports as per Import-....

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....gh the above case laws, we are of the view that the appellant is entitled to the benefit of refund of unutilized cenvat credit as the supplies  made by them to a Project financed by World Bank under International Competitive Bidding is 'deemed export' under the provisions of para 8.3 of the Import-Export Policy 2004-09. The condition in the Notification No. 5/2006-CE(NT) dated 14.3.2006 that ....