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2022 (4) TMI 362 - AT - Central ExciseCENVAT Credit - transfer of the unit - capital goods were shifted on payment of duty in terms of Rule 10 (3) of Cenvat Credit Rules, 2004 - HELD THAT:- It is a fact on record that there were no physical input or were in progress available at the time of shifting of the factory, but Cenvat credit was lying in their Cenvat credit account, therefore, as held by this Tribunal in the case law cited by the learned Counsel of the appellant, particularly in the case of KEVIN ENTERPRISES PVT. LTD. VERSUS COMMISSIONER OF C. EX., VADODARA [2006 (6) TMI 449 - CESTAT, MUMBAI], wherein this Tribunal has held that where the stock did not exist and the capital goods, on which the credit was availed, were duly accounted for, transfer of Cenvat credit lying unutilised, should not be refused. The appellant is entitled for transfer of Cenvat credit lying in their Cenvat credit account on transfer of the factory although no input or work in progress is on record - appeal allowed - decided in favor of appellant.
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