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2013 (7) TMI 308 - AT - Central ExciseTransfer of Credit - shifting of factory - disallowance on the ground that capital goods were not transferred - Provisions of Rule 10(3) of the Cenvat Credit Rules, 2004 – Held that:- Appellant shifted all their inputs both as such or in process, and its finished goods to their unit at Dolvi on payment of duty equal to the credit availed on inputs. - the department case is only that the capital goods has not been transferred alongwith inputs. - It is pertinent that Rule 10(3) uses the expression “inputs or capital goods” and “not inputs and capital goods” as has been contended by the department - Appeal is allowed – Decided in favor of Assessee.
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