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2018 (2) TMI 896 - AT - Central ExciseCENVAT credit - demerger of appellant Company wherein CENVAT credit were lying unutilised - case of Revenue is that the invoice is in the name of other party and on which respondent has availed CENVAT credit therefore they are not entitled to avail CENVAT credit - Held that: - Identical issue came up before Tribunal in the case of Commissioner of Central Excise v. Samruddhi Cement Ltd. [2013 (8) TMI 877 - CESTAT MUMBAI], where it was held that If the factory is transferred on account of change in ownership or on account of sale, merger, amalgamation, lease or transfer of the factory with the specific provision for transfer of liabilities of such factory, then, the transferor will be allowed to transfer the Cenvat credit lying unutilized to the transferee company - on demerger of appellant’s Company, the respondent is entitled to avail CENVAT credit. Another ground taken by Revenue is that the respondent has not taken prior permission from the department for availment of CENVAT credit - Held that: - in the show-cause notice it is mentioned that on 23.07.2010 itself the respondent has intimated to the department for demerger and availment of CENVAT credit. Moreover as per Rule 10 of Cenvat Credit Rules, 2004, there is no such requirement to obtain prior permission for demerger of the Company - CENVAT credit rightly availed. Appeal dismissed - decided against Revenue.
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