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2015 (6) TMI 989 - Commissioner - Central ExciseTransfer of the Cenvat credit - eligibility of benefit of Rule 10 of Cenvat Credit Rules, 2004 - Held that:- Rule 10(3) of the Cenvat Credit Rules, 2004 stipulates the transfer of the Cenvat credit under sub-rules (1) and (2) shall be allowed only if the stock of inputs as such or in process, or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Deputy Commissioner of Central Excise or, as the case may be, the Assistant Commissioner of Central Excise In the instant case all the stock of finished, semi-finished goods including plants and machinery was destroyed in the fire incidence and hence question of stock transfer does not arise. Further find that the appellant had intimated to the department regarding transfer of Cenvat credit time and again and had requested for regularization of the same as per the provisions of Rule 10 of the Cenvat Credit Rules, 2004.
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