2009 (2) TMI 649

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..... t. CDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. - The applicant-appellant was a DTA availing Modvat credit w.e.f. 15-1-2007. They were converted to 100% EOU. As on date of conversion, the appellants was having a balance credit of Rs. 1,04,84,090/-. The appellants on 15-1-07, applied for transfer of the above credit from the records of DTA to the records of 100% EOU. Such a .....

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..... arned Jt. CDR, appearing on behalf of the Revenue, we note that the appellants continued to remain the same except his status was changed from DTA to a 100% EOU. It is also not in dispute that 100% EOU was otherwise entitled to avail the credit and utilise the same for payment of DTA clearances. The only objection of the Revenue seems to be rule dealing with such transfer i.e. Rule 10 does not cov .....

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