2014 (11) TMI 71 - AT - Central Excise

Denial of CENVAT credit - conversion of DTA to 100% EOU - Held that - on conversion of DTA to 100% EOU the assessee is entitled to avail CENVAT credit on inputs as well as capital goods lying in their factory at the time of conversion. - Following decision of Sandoz Pvt. Ltd. vs. CCE 2013 (10) TMI 145 - BOMBAY HIGH COURT - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT MUMBAI allowed the appeal regarding denial of CENVAT credit on inputs and capital goods during conversion of DTA to 100% EOU. The decision was based on previous rulings, including Sandoz Pvt. Ltd. case, where it was held that the assessee is entitled to avail CENVAT credit in such situations. The impugned order was set aside, and the appeal was allowed with consequential relief.