Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2013 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (7) TMI 401 - AT - Central ExciseDistribution of Cenvat credit on input service by corporate office to its sister concerns Corporate office not registered as input service distributor - appellant-company recognized as a LTU, the provisions of Rule 12A are squarely applicable to them Credit transferred on the basis of transfer challan Held that:- Appropriate entry has to be made in the record maintained under Rule 9 (See sub-rules (5) and (6) of this Rule). The transfer of credit has to be effected by issue of transfer challan containing the registration number, name and address of the transferor-premises (sender-premises) as well as the registration number, name and address of the transferee-premises (recipient-premises), the amount of credit transferred and also the particulars of the entry made in the record maintained under Rule 9. The CENVAT credit on the basis of transfer challans can be taken at the transferee (recipient) premises. Nowhere in sub-rule (4) of Rule 12A is there any requirement of any ISD registration number to be mentioned in a transfer challan. What the sub-rule requires, inter alia, is the mention of "registration number" i.e. Central Excise registration number or Service Tax registration number - The admissibility of the credits to the three manufacturing units will be subject to the conditions and limitations prescribed under Rule 12A Appeal allowed by way of remand with a request to the Commissioner to undertake de novo adjudication of the dispute in accordance with law and the principles of natural justice - Adjudicating authority should proceed on the premise that Rule 12A of the CCR, 2004 is applicable to the appellant Decided in favor of Assessee.
|