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2012 (7) TMI 143

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..... 100% EOU scheme - unutilized balance of cenvat credit of capital goods and cenvat credit of inputs – Held that:- EOUs were allowed to pay duty from PLA as well as from Cenvat credit account. The appellant unit was converted into 100%EOU with effect from 27.12.2006 which is after the amendment had taken place - E/72 of 2011 - A/923-924/2012-WZB/AHD - Dated:- 22-6-2012 - Mr. B.S.V. Murthy, J. .....

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..... conversion into EOU and cannot be utilised after such conversion. Proceedings were initiated to recover the cenvat credit carried forward which has culminated into impugned order wherein the learned Commissioner has allowed the appeal filed by the respondent and has held that respondent was entitled to carry forward the unutilised balance of cenvat credit. Revenue is in appeal against this decisi .....

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..... ct from 27.12.2006 which is after the amendment had taken place. Further, I also find that reliance of the Commissioner on the decision of the Tribunal of Chennai Bench in the case of Sun Pharmaceutical Industries Limited vs. CCE 2010 (251) ELT 312 (Tri. Chennai) is appropriate whether the credit on inputs or capital goods is allowed. 4. In view of the forgoing, I do not find any merit in the .....

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