Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (3) TMI 831 - CESTAT NEW DELHIAvailment of CENVAT Credit - Duty demand - Suo moto credit - Held that:- appellant had not taken suo motu credit but credit was taken under sanction of Scheme of Amalgamation by Hon’ble High Court of Allahabad in terms of order [2005 (3) TMI 475 - HIGH COURT OF ALLAHABAD]. Considering such aforesaid aspects and also reading para 5.18 of copy of order of Hon’ble High Court (which is a photo-copy available on record), it is understood that the appellant was granted right over the assets and had undertaken to discharge the liabilities as a transferee company as a party to Scheme of Amalgamation, Rule 10 of the Cenvat Credit Rules, 2004 permits availability of Cenvat credit to the transferee company who is present appellant - Decided in favour of assessee.
|