TMI Blog2012 (8) TMI 248X X X X Extracts X X X X X X X X Extracts X X X X ..... cable. - E/172/11; E/CO/58/11 - - - Dated:- 9-7-2012 - Mr. M.V. Ravindran, J. For Appellant : Shri S.T. Gurshani, A.R. For Respondent : Shri R.R. Dave, Cons. Per : Mr. M.V. Ravindran; This appeal is filed by the Revenue against order in appeal No.351/2010(Ahd-I)CE/MM/Commr(A)/Ahd, dt.27.10.10 and cross objection is filed by the assessee against the very same order in appeal. Since both the issues arise out of the very same order in appeal they are being disposed of by a common order. 2. A cross objection filed by the respondent company being only a submission in support of the impugned order, it is being disposed of as such. 3. Heard both sides and perused the records. 4. The issue involved in this case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsferred to the new owners and the inputs or capital goods are duly accounted for to the satisfaction of the Deputy Commissioner of central Excise. In the present case, the credit sought to be restored pertain to inputs received in January / February, 2009. At the time of merger, the amount of credit lying in balance which was admissible to be transferred in terms of the Rule 10 ibid was already permitted and hence, there was no scope to permit the transfer of the credit now sought to be re-stored, as there is no provision in law for such a transfer . 3. It is further submitted that had this amount of Cenvat credit been available as balance in the accounts of Unit II at the time of merger, even then the transfer of credit would have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the consignee manufacturer for taking credit so long as the input supplier does not claim any refund on account of reduction of assessable value. In the present case, admissibility of entire credit is not disputed. It is the claim for reversal of credit and the transferability thereof, particularly after the merger of two Units is the issue. Therefore, the case laws cited do not help the case of the respondents. 6. On perusal of the records, I find that the first appellate authority has recorded the following findings: 7. It can be seen from the above reproduced finding that the factually there is no dispute to the issue that the credit if it is allowed to DTA unit will be the very same unit i.e. Kiri Dyes and Chemicals Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|