TMI Blog2011 (6) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... nit either in Rule 10 of the Cenvat Credit Rules or under any other provisions of the said Rules. appellant has made out a strong prima facie case against lapsing of the Cenvat credit lying in the books of accounts at the time of de-bonding and recovery thereof. stay applications allowed and waive unconditionally any pre-deposit of the dues - E/1004-1005/2010 - S/507-508/2011-WZB/C-II(EB) - Dated:- 24-6-2011 - S/Shri Ashok Jindal, P.R. Chandrasekharan, JJ. REPRESENTED BY : Shri M.H. Patil, Advocate, for the Appellant. Shri V.K. Singh, SDR, for the Respondent. [Order per : P.R. Chandrasekharan, Member (T)]. The appeals and the stay applications are directed against the order-in-original No. 16/BR/Th-I/2010, dated 11-3-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng unutilised in the books of accounts of unit-1 and accumulated Cenvat credit of Rs. 1,33,38,504/- lying unutilised in the books of accounts of Unit-2 at the time of de-bonding shall stand lapsed. He also imposed equivalent penalties on the two units equal to the Cenvat credit unutilised and lying in the books of accounts under Rule 25 of the Central Excise Rules, 2004 read with Rule 15 of the Cenvat Credit Rules. Further, he ordered for recovery of interest on the amounts confirmed under Section 11AB of the Central Excise Act, 1944 read with Rule 14 of the Cenvat Credit Rules, 2004. He further ordered recovery of an amount of Rs. 8,31,031/- from Unit-1 of the appellant towards the credit availed for payment of duty on subsequent clearance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a 100% EOU is entitled to avail credit and utilise the same for payment of DTA clearances on the conversion of their status from DTA to EOU, since there is no specific exclusion provided for the same in Rule 10 of the Cenvat Credit Rules, 2004. 3.2 Further, in the case of Sun Pharmaceuticals Industries Ltd., reported in 2010 (251) E.L.T. 312 (Tri-Chennai), this Tribunal had held that in the absence of provisions requiring a DTA unit to reverse the credit balance lying in the books of accounts at the time of its conversion into a EOU, the EOU can avail the accumulated Cenvat credit lying in their books of accounts at the time of conversion from DTA to 100% EOU and utilize the same for payment of duty on DTA clearances. On the same log ..... X X X X Extracts X X X X X X X X Extracts X X X X
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