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2013 (9) TMI 814 - CESTAT NEW DELHICENVAT credit - transfer of credit - Rule 10 - transfer of second unit to the first unit - Held that:- When Rule 10 was invoked, we have perused the legislative intent appearing in Rule 10(1) of the Cenvat Credit Rules, 2004 dealing with the cases of shifting of units from one site to another site and also the occasions of merger/amalgamation/lease or transfer of the factory to a joint venture permitting Cenvat credit to be utilised. In between these two situations, we notice both the situations appearing in law have their own independent existence and speak for themselves. Ld. DR argues that the factory as a whole need to be shifted. This appears to be an absurd proposal and shall make the rule unworkable. It is elementary principle of law that the interpretation which fosters the legislative intent should be preferred to the interpretation of law which brings chaos - Decided in favour of assessee.
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