2015 (10) TMI 287

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Respondent : Shri Ashutosh Nath, AC (AR) ORDER Per P K Jain The brief facts of the case are that the appellant was a normal Domestic Tariff Area Unit. The unit was converted into 100% EOU with effect from 04.07.2007. At the time of conversion from DTA unit to 100% unit appellant had unutilised balance of Cenvat credit amounting to Rs. 120,89,756/-. Revenue's contention is that the said....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e not debarred from availing the Cenvat Credit and under the circumstances they cannot be denied the unutilised Cenvat credit. Ld. counsel further submitted that the show-cause notice has been issued invoking the extended period of limitation. He submitted that at the time of conversion itself the facts were known to the department and even in ER1 return the information was available and there is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t applicable, CBEC Circular no. 77/99-Cus dated 18.11.1999 also clearly stated that credit lying in the balance of DTA is liable to lapse after conversion into 100% EOU. Ld. AR further submitted following case law in support of invoking the extended period of limitation. i) CCE vs. SKF India 2009 (239) ELT 385 (SC) ii) Alaska Tyres P. Ltd. 2002 (145) ELT 329 iii) Jaishri Engineering Co. (P) Ltd....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... DTA into 100% EOU under Rule 10 of the Cenvat Credit Rules, 2004. In the absence of any specific prohibition denying the transfer of credit, the appellants are rightly entitled to transfer of the same. The decision of the Hon'ble Bombay High Court in the case of Sandoz Pvt. Ltd., and of the Tribunal decision in the case of Watson Pharma Pvt. Ltd. (supra) confirm the above view. Accordingly, t....