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2019 (10) TMI 580 - AT - Central ExciseTransfer of CENVAT credit - de-bonding of 100% EOU and conversion to DTA unit - whether CENVAT Credit lying in balance in the books of account of 100% EOU as on the date of debonding, could be transferred to the DTA unit? - HELD THAT:- The issue has been considered by this Tribunal in series of judgments viz. TECHNOCRAFT INDUSTRIES (INDIA) LTD VERSUS COMMISSIONER OF CENTRAL EXCISE THANE – I [2018 (12) TMI 8 - CESTAT MUMBAI], TECUMSEH PRODUCTS INDIA P. LTD. VERSUS C.C.,C.E. & S.T., HYDERABAD-IV [2015 (9) TMI 1487 - CESTAT BANGALORE], M/S JOHN DEERE INDIA PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, PUNE-III [2015 (10) TMI 844 - CESTAT MUMBAI] and COMMISSIONER OF CENTRAL EXCISE THANE - 1 VERSUS SEQUENT SCIENTIFIC LIMITED [2018 (4) TMI 590 - CESTAT MUMBAI] - It has been consistently held by the Tribunal in all these cases that the CENVAT Credit lying in balance as on the date of de-bonding of 100% EOU and conversion to DTA unit, could be transferred to the DTA unit and be utilised by the said unit. Appeal allowed - decided in favor of appellant.
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