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2008 (10) TMI 222 - CESTAT, MUMBAICenvat Credit Supply to SEZ Reversal of 8% on exempted goods rule 6 Conversion of FTZ into SEZ Held that - It can be seen that during the relevant period though the status of KFTZ was changed in to KSEZ by ministry of Commerce and Industries, the provisions of Central Excise remained the same i.e. Section 3 of Central Excise Act, 1944 and rule 2(8) of Central Excise Rules, 1944 indicated the KSEZ as KFTZ only. It is undisputed that supplies were made to units located in the survey numbers as indicated in rule 2(8) of Central Excise Rules, 1944. - In the said position of law governing eligibility to retention of MODVAT credit on export goods, the said Notfn. No- 12/2001 can also construed as clarificatory Notfn. Issued to formalize the continuity of benefit contemplated in Notfn. No. 126/94 to units located in erstwhile Kandla Free Trade Zone and later Special Economic Zone, as the units continued to qualify as 100% EOU, irrespective whether these were referred as units in Free Trade Zone or Special Economic Zone. Reversal of 8% is not required.
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