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2011 (10) TMI 189 - AT - Central ExciseAdmissibility of Credit on Input - Refund of accumulated credit - 100% EOU converted into DTA - refund claim rejected on the ground that finished product Peanut Butter was totally exempted from of duty - Held - when the duty was paid on input, the appellant was still a 100% EOU and because it was 100% EOU, the appellant was eligible for CENVAT Credit if duty was paid on packing material, input etc. Computation of period of limitation of one year - held that:- period of 1 year for the purpose of limitation under Section 11B of Central Excise Act, 1944 has to be counted from the date on which final conclusion is reached that the credit cannot be utilized. Condition of export under bond - Held that:- A 100% EOU has to export the goods under bond only, since if it is cleared to DTA unit, Peanut Butter attracted duty. - the condition that the goods should have been exported under bond is fulfilled. - Refund allowed.
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