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2011 (3) TMI 632 - AT - Central ExciseWaiver of the pre-deposit - cenvat credit lying unutilized in the accounts of de-bonded 100% EOU is transferred to their DTA unit and the duty paid on the de-bonding is not eligible to the assessee as per the existing provisions of Cenvat Credit Rules, 2004 - After this date, there is no dispute that the 100% EOU is entitled to avail the cenvat credit and if the said credit cannot be utilized, the 100% EOU can claim the refund under Rule 5 of the Cenvat Credit Rules - If the cenvat credit is not transferred to the DTA unit, Revenue would have to refund the amount in case to the 100% EOU, if in accordance with law - Decided in favour of the assessee
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