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2015 (6) TMI 693 - AT - Central ExciseTransfer of CENVAT Credit - Sale of manufacturing unit alongwith raw material and semi finished goods - Duty demand in respect of inputs and semi finished goods transferred to the buyers of the unit - inputs were not used by the appellant in the manufacture of the final product - Held that:- Though the manufacturing unit was sold by the appellant to M/s. Bon Ltd. but sale is on as where is basis. Accordingly, the input in question was not removed from the factory and therefore in absence of removal of input from the factory duty demand is not sustainable. It is also not disputed that the factory was on going and after sale, the buyer, M/s. Bon Ltd was engaged in the manufacture and was assessed under Central Excise. It is also not a case that M/s. Bon has removed the input lying in the factory without payment of duty or disposed of otherwise. - it is permitted even to transfer the Cenvat credit to the buyer unit as well as transfer of stock of input. In this regard, the Revenue in their ground of appeal stated that since factory was partly sold therefore Rule 10 is not applicable. - No infirmity in the impugned order - Decided against Revenue.
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