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2016 (9) TMI 883

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....dvocate 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 Notification No. 5/2006-CE(NT) dated 14.03.....

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....rities. 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-Export Policy, 2004-09. The appellant pleads that as per para 8.3 of the said Policy, t....

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....upplies  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 the goods have to be cleared under bond or under letter of undertaking will not make difference in the case of deemed exports made by t....