2008 (10) TMI 458

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..... for the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we note that the appellants were working as a DTA unit prior to 28-4-2006 and that they were converted to 100% EOU on the said date as permitted by Development Commissioner. On the date of conversion, they had accumulated capital goods credit to the extent of over Rs. 66 lakhs i .....

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..... Rule 17 of Central Excise Rules, 2002 was taken note of and it was held that it was not open to the Department to prohibit the EOU from availing CENVAT credit on the strength of Board s Circular No. 77/99-Cus., dt. 18-11-99 (which circular has been relied upon by the Commissioner in the present case as well). 3. In the result, there will be waiver of pre-deposit and stay of recovery in respect o .....

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