Admissibility of cenvat credit: unutilized credit in DTA units may transfer on conversion to EOU enabling its use for duty payment. Admissibility of unutilized cenvat credit on conversion of a DTA unit into an EOU is affirmed; unutilized cenvat credit standing in the books of the DTA unit immediately before conversion is admissible to the resultant EOU. The earlier circular providing for lapse of such credit is withdrawn, and the transfer principle applicable to manufacturers under the cenvat credit framework applies to EOUs, permitting use of cenvat credit for duty payment by EOUs.
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Provisions expressly mentioned in the judgment/order text.
Admissibility of cenvat credit: unutilized credit in DTA units may transfer on conversion to EOU enabling its use for duty payment.
Admissibility of unutilized cenvat credit on conversion of a DTA unit into an EOU is affirmed; unutilized cenvat credit standing in the books of the DTA unit immediately before conversion is admissible to the resultant EOU. The earlier circular providing for lapse of such credit is withdrawn, and the transfer principle applicable to manufacturers under the cenvat credit framework applies to EOUs, permitting use of cenvat credit for duty payment by EOUs.
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