2007 (10) TMI 102

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..... onsidered the submissions made by both sides and perused the records. 3. The issue  involved in this case is  whether the appellant after debonding himself from EOU to DTA is eligible to avail the credit of the  amount of duty paid on  indigenously procured capital goods or not. 4. Ld. Commissioner (Appeals) while holding in favour of the respondents came to the following fi .....

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..... ly procured capital goods; that if the above said paras of Export Import Policy and Handbook of Procedure are read together with para 8 of Notification  No.22/2003-CE, it can be realized that they have correctly availed the credit of the said Central Excise duty. In this regard, it is seen that the Board vide Circular No.185/19/96-CX dated 19/03/96 has clarified that Modv at credit can be all .....

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..... finding, it is the contention of the Ld. SDR that the appellant is allowed to take credit on duty paid as amount as CVD. The said contention of the SDR is correct, if the appellants had paid the CVD and other duties applicable on the imported goods. In this case it is not so. This being the factual matrix, the finding arrived at by the Commissioner (Appeals) in allowing the appeal and setting asid .....

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