2015 (12) TMI 158

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..... ORDER This stay application has been filed for staying the operation of OIA No. VAD-EXCUS-001-APP-496-13-14, dated 15-11-2013 passed by Commissioner (Appeals), Vadodara. Under this OIA dated 15-11-2013 first appellate authority has confirmed disallowing of Cenvat credit, along with interest thereon and imposition of penalty, decided against the appellant by the adjudicating authority under OIO No .....

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..... e present appellant's name was registered with the Registrar of Companies. That by taking Cenvat credit of such services after conversion to DTA unit is only a Revenue neutral exercise and credit taken as per Rule 10 of the Cenvat Credit Rules, 2004 is in order. It was also his case that Cenvat credit with respect to CHA services and Cargo handling services, paid with respect to export of goods an .....

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..... sed the records of the case. From the facts and circumstances of this case it is observed that services availed by a 100% EOU were eligible for getting refund of service taxes paid under Notification No. 41/2007-S.T., dated 6-1-2007. Similarly under Rule 10 of the Cenvat Credit Rules, 2004 provisions exist for transferring the Cenvat credit to the new unit on sale merger, amalgamation, transfer, e .....

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