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2018 (7) TMI 853 - AT - Central ExciseTransfer of Credit - Rule 10 of CCR, 2004 - denial on the ground that the appellant have not obtained the prior permission for transfer of credit and stock of the goods - Held that:- Rule 10 does not prescribe any procedure to be followed for transfer of the credit lying unutilized from transferred unit to transferee unit. The only requirement is that if any stock of raw-material, capital goods and other goods on which Cenvat credit had been availed, the same should also be transferred to the transferee unit. It is obvious that if any unit has to be transferred it can be transferred during the registration only and there is no mandatory requirement that shifting can be done only after surrender of the registration of the transferred unit. Therefore, this condition was also unnecessarily imposed by the Adjudicating Authority. The Adjudicating Authority denied the credit transferred from Silvassa to Surat only on the ground which is not supported by any authority of law. At the same time, no verification of records of Silvassa and Surat was carried out by the Adjudicating Authority or the Jurisdictional Assistant Commissioner - In these circumstances, the Adjudicating Authority must get the records verified and thereafter pass a reasoned order. Appeal allowed by way of remand.
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