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2018 (2) TMI 1307 - CESTAT AHMEDABADTransferring of entire CENVAT credit- closure of one unit - penalty u/r 15(1) of the CCR 2004 - denial of credit and imposition of penalty on the ground that they had taken the said credit without permission of the Central Excise officer in terms of Rule 10 of the CENVAT Credit Rules - Held that: - rule 10 has been examined by the Tribunal in the case of Hewlett Packard [2006 (11) TMI 76 - CESTAT,BANGALORE], wherein it has been clearly held that no prior permission is needed. In the said case, it has been held that as long as the importer has been accounted to the satisfaction of the department, the credit is transferable - credit cannot be denied. Credit in unit-III - Revenue view is that the credit in unit-III is doubtful in view of the fact that the appellant had opted for Notification No. 30/2004-CE and hence were required to reverse the credit in their account - Held that: - The said matter would be a different issue, which needs to be dealt with separately. This is not relevant in the present proceeding as the present proceeding relates to credit that was available in unit-III at the material time and if transfer of that credit was admissible or not. Appeal allowed - decided in favor of appellant.
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