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    <title>2016 (6) TMI 827 - CESTAT MUMBAI</title>
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    <description>MODVAT/CENVAT credit on capital goods and inputs was considered in the context of a unit converting part of its business into a 100% EOU within the same factory premises. The stated principle is that such an internal reorganisation does not amount to removal from the factory for purposes of Rule 3(4) of the Cenvat Credit Rules, 2002, where the goods remain within the same premises and no transfer occurs to a distinct outside unit. On that basis, credit reversal was treated as not exigible, with earlier decisions on actual sale or physical removal distinguished on facts. The note also states that the demand, interest, and penalties were not sustainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=329118</link>
      <description>MODVAT/CENVAT credit on capital goods and inputs was considered in the context of a unit converting part of its business into a 100% EOU within the same factory premises. The stated principle is that such an internal reorganisation does not amount to removal from the factory for purposes of Rule 3(4) of the Cenvat Credit Rules, 2002, where the goods remain within the same premises and no transfer occurs to a distinct outside unit. On that basis, credit reversal was treated as not exigible, with earlier decisions on actual sale or physical removal distinguished on facts. The note also states that the demand, interest, and penalties were not sustainable.</description>
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