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2013 (4) TMI 54 - AT - Central ExciseTransfer of Cenvat / MODVAT credit - Rule 10 - the appellant denied of Cenvat credit on the ground that as the raw material does not get transferred, the appellant is not entitled to the transfer of Modvat credit - Held that:- it is not the Revenue’s case that the raw material belonging to the earlier manufacturing unit M/s. Auto Tube has been cleared by them to some outside person. Presuming that there was no stock of raw material lying with M/s. Auto Tube even then the benefit of transfer of Cenvat credit would be available to the appellant. The Hon’ble High Court in the case of Commissioner of Central Excise, Pondicherry v. CESTAT [2009 (240) E.L.T. 367] has held that even when there was no stock of input ‘as such’ or ‘in progress’ having put to use, the transfer under the provisions of Rule 10 of Cenvat Credit Rules is permissible. - Credit allowed - Decided in favor of assessee.
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