Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 616 - AT - Central ExciseTransfer of accumulated CENVAT credit - shifting of the company - Rule 10 of the Cenvat Credit Rules, 2004 - requirement of intimation for credit transfer - Held that:- Only the intimation is required and it is upto the satisfaction of the Asstt./Dy. Commissioner. There is no mention of getting the permission of transfer from the previous location to the new location by the concerned Central Excise Authorities, which has been made a ground for confirming the penalty against the appellant. It is on record that the intimation has been filed to both the new and old jurisdiction by the appellant - Hence, the procedural requirement under Credit Rule is duly complied with. The various credits undertaken by the appellant have been shown under ER-I Returns and the same amount has been taken as credit at the new location, which has been shown in return of the previous location - transfer of credit allowed - appeal allowed - decided in favor of appellant.
|