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2018 (11) TMI 166 - AT - Service TaxCENVAT Credit - It appeared that since UEPL who merged in parts with 3 companies including the appellants, the appellants would have been entitled to a part of the CENVAT credit available in the books of UEPL - Held that:- The entire issue has been gone in great details by the First Appellate Authority in the impugned order. He has clearly recorded that the respondent herein is part of the demerger plan approved by Hon’ble High Court. The appellant’s legal right to credit of ₹ 20,55,937/- as successor to the related business of UEPL taken over by them cannot be denied on the ground of procedural infirmity of non-filing of application under Rule 10(3) of CCR 2004 and the credit taken, therefore, has to be held to be validly accrued and taken by the appellants. Appeal dismissed - decided against Revenue.
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