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    <title>2010 (12) TMI 265 - CESTAT, DELHI</title>
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    <description>Capital goods that were duty-paid and received when a unit operated as a DTA unit do not attract fresh cash duty merely because they are later transferred after conversion into a 100% EOU. The scheme distinguishes between duty-free goods received by an EOU under exemption notifications and goods manufactured by an EOU and cleared into the DTA. Where Modvat credit had been taken on the goods in the DTA period, the proper consequence is reversal of that credit, not payment of excise duty in cash on transfer to a sister unit. The demand and penalty were therefore unsustainable.</description>
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    <pubDate>Thu, 02 Dec 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=203260</link>
      <description>Capital goods that were duty-paid and received when a unit operated as a DTA unit do not attract fresh cash duty merely because they are later transferred after conversion into a 100% EOU. The scheme distinguishes between duty-free goods received by an EOU under exemption notifications and goods manufactured by an EOU and cleared into the DTA. Where Modvat credit had been taken on the goods in the DTA period, the proper consequence is reversal of that credit, not payment of excise duty in cash on transfer to a sister unit. The demand and penalty were therefore unsustainable.</description>
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      <pubDate>Thu, 02 Dec 2010 00:00:00 +0530</pubDate>
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