TMI Blog2012 (1) TMI 114X X X X Extracts X X X X X X X X Extracts X X X X ..... 6107 and 6111, GIDC, Ankleshwar. It seems that the appellant has transferred the credit to the same Company situated at the different plots. In the absence of any dispute as regards the amalgamation of the companies, provisions of Rule 10 of Cenvat Credit Rules, 2004 would clearly apply and the appellant’s factory at Heubach Colour Pvt. Limited at Plot No. 6105, 6107 and 6111, GIDC, Ankleshwar is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... executable order which needs to be stayed at this juncture. Hence, we dismiss the stay petition filed by the assessee. 2. While hearing both the sides on stay petition, we find that the appeal itself is to be disposed of at this juncture, as it lies in a narrow compass and hence we take the appeal itself for disposal. 3. On consideration of the submissions made by both sides, we find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condly, Rule 10(3) of Cenvat Credit Rules, 2004 provides that transfer of unutilized Cenvat credit is allowed when inputs as such or in process, or the capital goods are also transferred along with the factory to new site. I find that in this case, no such transfer of inputs and capital goods has taken place from the factory premises located at Plot No. 6105, 6107 6111, GIDC, Ankleshwar to the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In view of this, to meet the ends of justice, we direct the appellants to reverse the Cenvat credit taken at Heubach Colours Pvt. Limited located at Plot No. 9003-9010, Phase-IV, GIDC Ankleshwar and permit them to take the credit of the same amount in Heubach Colour Pvt. Limited located at Plot No. 6105, 6107 and 6111, GIDC, Ankleshwar. 4. Appeal is disposed of as indicated above. (Dictated a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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