Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2014 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 91 - AT - Central ExciseTransfer of unutilized CENVAT credit - transfer of capital goods - Held that:- when the matter was called, the learned counsel submitted three delivery challans covering the movement of capital goods from the units to the new units. Further, he also submitted that there was no credit relating to capital goods in the books of accounts and therefore there was no transfer of credit. Ongoing through the jurisdictional Range Officer s reports available in both the orders of the lower authorities, we find that Commissioner (A) while coming to the conclusion that capital goods had been transferred and there is no credit to be transferred, has seen the delivery challans. Delivery challans numbers and the dates are available in paragraph 11 of the impugned order. In view of the fact that there is evidence of movement of capital goods and both the Range Officers have not mentioned anything specifically regarding credit relatable to capital goods and naturally, logical conclusion would be that there is no CENVAT credit attributable to the capital goods to be transferred to units. - Decided against Revenue.
|