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2011 (6) TMI 538 - AT - Central ExciseStay applications - denial of transfer of credit - Rule 10 of Cenvat Credit Rules – Held that:- Under the Cenvat Credit Rules, both 100% EOUs as well as DTA units are entitled to avail Cenvat credit of duty paid on inputs/input service and utilise the same for payment of excise duty on excisable goods manufactured and cleared from such units or for payment of service tax on the output service rendered by such units. - The law does not provide for any exclusion or prohibition to carry forward accumulated Cenvat credit when a DTA unit is converted into a EOU or a EOU unit is converted into a DTA unit either in Rule 10 of the Cenvat Credit Rules or under any other provisions of the said Rules. appellant has made out a strong prima facie case against lapsing of the Cenvat credit lying in the books of accounts at the time of de-bonding and recovery thereof. stay applications allowed and waive unconditionally any pre-deposit of the dues
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