Wipro Ltd vs Chennai-Iv on 5 June, 2023
5. We have carefully considered the submissions advanced by both sides
and perused the records. The short point involved in the present appeal for
consideration is whether CENVAT Credit lying in balance in the books of
account of 100% EOU as on the date of de- bonding, could be transferred
to the DTA unit. We find that the issue has been considered by this Tribunal
in series of judgments viz. Technocraft Industries (India) Ltd Vs CCE
(supra), Tecumseh Products India P.Ltd Vs CC,CE&ST (supra),
Hyderabad-IV, John Deere India Pvt. Ltd Vs CCE(supra), Pune-III and
CCE, Thane-I Vs Sequent Scientific Ltd(supra). It has been consistently
held by the Tribunal in all these cases that the CENVAT Credit lying in
balance as on the date of de-bonding of 100% EOU and conversion to DTA
unit, could be transferred to the DTA unit and be utilised by the said unit.
Following the principle consistently laid down by the Tribunal in aforesaid
cases, we do not find merit in the impugned order, which is contrary to the
said precedents.