TMI Blog2008 (5) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... f the credit lying unutilized in respect of the capital goods and not in respect of inputs - duty has been paid in respect of goods as the same has been paid from RG 23A Part II. Therefore, the credit cannot be denied - E/3967/2006-SM - 765/2008-SM(BR)(PB), - Dated:- 7-5-2008 - Shri S.S. Kang, Vice-President Shri Ravi Raghvan with Ms. Purnima Lakshminarayan, Advocates, for the Appellant. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an amount of duty of Rs. 54,477/- should be refunded to the appellant by way of Cenvat credit. In pursuance to this order, the credit was availed. In the present impugned order, the Commissioner (Appeals) after relying upon the Board's circular dated 18-11-1999 held that Modvat credit availed by DTA unit before its conversion into EOU lying in balance as unutilized would lapse. 2. The conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isting DTA units may also apply for conversion into an EOU/EHTP/STP, but no concession in duties and taxes would be available under the scheme for plant, machinery and equipment already installed. In this connection, instances have come to the notice of the Board that such units on their conversion into EOUs have been asked to reverse the Modvat credit already availed of, on plant and machinery pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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