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2008 (7) TMI 377 - AT - Central ExciseCenvat Credit – transitional credit under rule 10 – Conversion of DTA unit into EOU - The original authority had denied Cenvat credit balance of Rs. 11,07,017/- as there was no stock on 19-11-04 of inputs received by GTN during 6-9-04 to 18-11-04 – Held that - As regards issue at (i), we find that as held in Order-in-Appeal No. 92/06, Rule 10 of Cenvat Credit Rules, 2004 did not prohibit availing by EOU of the balance credit at the time of conversion of DTA. Rule 10 of CCR 04 dealt with transitional credit in situations such as shifting of factory or change in ownership or sale, merger or amalgamation or lease. – Credit allowed to be transferred.
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