https://www.taxtmi.com/caselaws?id=265012 Unutilised Cenvat credit standing in the books of a DTA unit may be transferred on conversion into a 100% EOU where Rule 10 of the Cenvat Credit Rules, 2004 contains no express prohibition against such carry forward. The commentary distinguishes the pre-2004 regime and notes that credit existing on the date of conversion is transferable when the statute does not deny that consequence. It also states that the extended period of limitation cannot be invoked unless suppression of facts or wilful misstatement is shown, and that departmental knowledge of the conversion and credit position defeats such invocation. en-us Tue, 28 Jul 2015 00:00:00 +0530 Mon, 04 Jan 2016 18:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=265012 Unutilised Cenvat credit standing in the books of a DTA unit may be transferred on conversion into a 100% EOU where Rule 10 of the Cenvat Credit Rules, 2004 contains no express prohibition against such carry forward. The commentary distinguishes the pre-2004 regime and notes that credit existing on the date of conversion is transferable when the statute does not deny that consequence. It also states that the extended period of limitation cannot be invoked unless suppression of facts or wilful misstatement is shown, and that departmental knowledge of the conversion and credit position defeats such invocation. Case-Laws Central Excise Tue, 28 Jul 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=265012