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2012 (8) TMI 862 - AT - Central ExciseStay application - Held that:- application for transfer of unutilized Cenvat credit was given after surrender of registration of the factories. Where the registration of a factory is surrendered, prima facie, no factory as defined under the Central Excise Act subsists to be transferred. Sub-rule (1) of Rule 10 ibid contemplates transfer of unutilized Cenvat credit upon shifting of factory to another site or transfer of its ownership to another person. Sub-rule (3) states that such transfer of Cenvat credit shall be allowed only if the stock of the inputs as such or the inputs in process or the capital goods is also transferred along with the factory to the new site or along with the transfer of ownership of the factory to another person - Stay granted.
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