Unutilized Cenvat credit would not lapse after conversion of DTA unit into EOU unit

Cenvat Credit: Rule 11(3) of CENVAT Credit Rules providing for 'lapsing of credit' applies only if final products are totally exempted; same is inapplicable in case of conversion of DTA unit into EOU because DTA clearances by EOU are not exempt. Therefore, unutilized credit balance lying in hands of DTA unit can be carried over by EOU and used for payment of duty on DTA clearances