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2015 (7) TMI 339 - AT - Central ExciseWaiver of pre deposit - Credit of SAD - Held that:- Admittedly the inputs were received on which duty was paid and credit was availed. It is also seen that the Revenue is not disputing the transfer of other unutilized accumulated credits to the new Unit by operation of Rule 10A. SAD was transferred to Unit No-2 and was no longer in the records of Unit No.1. Transfer of balance amount of credit to the new Unit especially when the sale is not unit-wise but the entire company was sold, is in accordance with the provisions of Rule 10A. As such irrespective of the fact whether the credit was lying with Unit-1 or Unit-2, we are of the view that the same is entitled to the transferred to the appellant. Denial of such credit to the appellant is not warranted. - appellant has a good prima facie case in its favour so as to allow the stay petition unconditionally - Stay granted.
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