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2015 (3) TMI 293 - AT - Central ExciseWaiver of pre deposit - Denial of CENVAT Credit - Cenvat Credit balance transferred from the 100% EOU at the time of conversion into DTA unit - Held that:- After conversion of 100% EOU to DTA unit the appellant has transferred capital goods, input, work in progress and finished goods on payment of duty. Therefore, the appellants are entitled to take Cenvat Credit in DTA unit which was lying unutilized with the books of accounts of 100% EOU unit, which has been allowed by the Hon'ble Madras High Court in the case of CESTAT (2008 (7) TMI 116 - HIGH COURT MADRAS). In these terms, we set aside the impugned order and allow the appeal with consequential relief if any - Decided in favour of assesse.
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