2013 (10) TMI 145 - HC - Central Excise

DTA to Export Unit: No CENVAT Reversal Required on Conversion

The Bombay HC upheld the CESTAT decision that a DTA unit converted into a 100% Export Oriented Unit was not required to reverse the balance CENVAT credit ... Reversal of CENVAT Credit – DTA unit converted into 100% EOU – Conversion and Utilization of Credit – Whether the CESTAT was justified in holding that the assessee, a DTA unit converted into a 100% Export Oriented Unit with effect from 14-7-2004 was not required to reverse the balance CENVAT credit available in the books of accounts of the assessee on the date of conversion and utilize the said credit in respect of the clearances effected from the 100% Export Oriented Unit is the question of law - Held that:- Following GTN Exports Ltd. v. Commissioner of Central Excise, Coimbatore [2008 (7) TMI 377 - CESTAT, CHENNAI] and Commissioner of Central Excise, Rajkot v. Ashok Iron & Steel Fabricators [2002 (1) TMI 91 - CEGAT, NEW DELHI ] – the assessee is entitled to avail the credit in balance as on the date of conversion - there was no fault can be found with the decision of the CESTAT – Appeal was dismissed. The Bombay High Court upheld the CESTAT decision that a DTA unit converted into a 100% Export Oriented Unit was not required to reverse the balance CENVAT credit on the date of conversion. The Tribunal's decision was supported by previous cases, and the appeal was dismissed with no costs.