Admissibility of un-utilized cenvat credit of DTA unit converted into EOU

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....pal Chief Commissioners/ Chief Commissioners of Central Excise, Customs & Service Tax, All Principal Chief Commissioners/Chief Commissioners of Customs, All Principal Chief Commissioners/Chief Commissioners of LTU. Madam/Sir, Sub: Admissibility of un-utilized cenvat credit of DTA unit converted into EOU - reg. Attention is drawn to Circular No. 77/99-Cus dt. 18.11.99 which provid....

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....es' 2002 which deals with the removal of goods by an EOU, was amended w.e.f 06-9-2004 to allow use of Cenvat credit for payment of duty by an EOU. Rule 10 of Cenvat credit Rule'2004 provides in unambiguous terms that if manufacturer transfers his factory on account of change in ownership or lease, then the manufacturer shall be allowed to transfer the Cenvat credit lying unutilized in his accounts....