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2015 (10) TMI 287 - AT - Central ExciseDuty demand - Unutilized CENVAT Credit lapsed - conversion from DTA unit to 100% EOU unit - Interest u/s 11AB and penalty u/s 11AC - Held that:- Board Circular no. 77/99-Cus quoted does not elaborate under what provision the unutilised credit will stand lapsed. In any case, the said circular was issued when Rule 100H under old Central Excise Act, 1944 (sic) were existing and at that point of time 100% EOU were outside the scheme of modvat/Cenvat Credit, which is not so after the CENVAT Credit Rules, 2004 have come into existence. The present case is pertaining to the period after 2004. We have also seen the Tribunal's judgment in the case of Indira Gandhi Mahila Sahakari Soot Girni Ltd. (2011 (10) TMI 206 - CESTAT, MUMBAI), the facts of that case are entirely different and that case pertain to the time when the old rules were in existence, and therefore not applicable to the present facts of the case. On limitation also we find the appellant has strong case as when unit got converted in EOU all details of unutilised credit etc. were made known to the department and revenue after five years cannot allege that there was wilful mis-statement or suppression of fact. - Decided in favour of assessee.
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