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2017 (6) TMI 814 - HC - Central ExciseUtilisation of CENVAT credit - Whether in the facts and circumstances of the case, the Tribunal was right in coming to the conclusion that the respondent/ Assessee was entitled to avail of, un-utilized cenvat credit in terms of Rule 10 of the CCR, 2004? Held that: - A mere perusal of sub-Rule (1) would show that transfer of cenvat credit is available to a manufacturer in several situations: First, when the manufacturer of final products, "shifts" his factory to another site. Second, when, the factory is transferred on account of : "change in ownership" or on account of sale, merger, amalgamation, lease or transfer of factory to a joint venture, with specific provision for transfer of liabilities of such factory - It is, in these situations, the manufacturer is allowed transfer of cenvat credit lying un-utilized in his accounts, to such, transferred, sold, merged, leased or amalgamated factory. Appeal dismissed - decided against Revenue.
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