https://www.taxtmi.com/caselaws?id=249396 A unit converted from DTA to a 100% EOU could not claim the balance 50% Cenvat credit on capital goods received before conversion because Rule 4 permits the second instalment only where an admissible first instalment arose in the year of receipt. Since the unit became ineligible before that entitlement could accrue, no carry-forward right to the remaining credit survived, and earlier Tribunal rulings were distinguished on facts. On penalty, the order was set aside because, on the Tribunal's findings, the penalty could not be sustained after the credit issue was decided as above. en-us Mon, 30 Dec 2013 00:00:00 +0530 Wed, 17 Feb 2016 14:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=249396 A unit converted from DTA to a 100% EOU could not claim the balance 50% Cenvat credit on capital goods received before conversion because Rule 4 permits the second instalment only where an admissible first instalment arose in the year of receipt. Since the unit became ineligible before that entitlement could accrue, no carry-forward right to the remaining credit survived, and earlier Tribunal rulings were distinguished on facts. On penalty, the order was set aside because, on the Tribunal's findings, the penalty could not be sustained after the credit issue was decided as above. Case-Laws Central Excise Mon, 30 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=249396