Technocraft Industries (I) Ltd. vs Cce Thane I on 13 August, 2019
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.