(1.) Heard Mr. Y. Patki with Mr. V. S. Uberoi, learned counsel for appellant and Mr. S N. Bhattad, learned counsel for respondent.
(2.) The appeal has been admitted on following substantial question of law:
(3.) Appellant is a private limited company and is 100% Export Oriented Unit ('EOU'). During the period from October, 2009 to September, 2010, appellant supplied goods to another 100% EOU namely Hikal Ltd. The appellant on 17.03.2011filed application under Rule 5 of the Central Credit Rules, 2004 ('Credit Rules') for refund of unutilized cenvat credit, in following manner.