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2012 (12) TMI 147 - AT - Central ExciseCenvat credit - Import of capital goods availing the benefit of Notification No. 25/2002-Cus., by paying concessional rate of duty – importer has two units – capital goods transferred from DTA unit to 100% EOU as such – Held that:- DTA unit having taken the credit on the capital goods, are required to reverse the credit in terms of Rule 3 (5) of CENVAT Credit Rules - E.O. unit though belonging to the same legal entity operates under different provisions on tenability and benefits. Whether the credit taken by them on capital goods could be utilised by them depends upon whether there are any domestic clearances by them are payment of duty. Therefore, the plea of revenue neutrality cannot be accepted unconditionally - DTA unit directed to reverse the CENVAT credit taken by them on the capital goods removed as such or to pay equivalent amount in cash
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