TMI Blog2011 (9) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal are justified in setting aside the order and restoring the benefit to the assessee. - C.E.A. NO. 68 OF 2009 - - - Dated:- 9-9-2011 - N. KUMAR AND RAVI MALIMATH, JJ. K.N. Mohan for the Appellant. K. Parameshwaran for the Respondent. JUDGMENT 1. The Revenue has preferred this appeal challenging the order passed by the Tribunal, which has upheld the order of the Appellate Authority holding that the assessee is entitled to the benefit of unutilised credit, even though the inputs and capital goods were shifted to the new premises. 2. The assessee, M/s. Tata Auto Components Systems Ltd. is engaged in manufacture of excisable goods. Their unit is situated at No. 18/1 A3, Nayandahalli, Mysore-Road, Bangalore. They ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Assessing Authority opined that if unutilized balance in Cenvat credit sought to be transferred to new premises is permitted, it will give double benefit to assessee. Therefore, it was held that the assessee is not entitled to the said benefit. Aggrieved by the said order, the assessee preferred an appeal before the Commissioner of Appeals. The Commissioner of Appeals on re-examination of the entire material on record categorically held that it is not the case of the department that inputs and capital goods were not shifted to new premises. In order-in-original, it is clearly admitted that the removal of inputs and capital goods to the new premises by following the proper procedure laid down under the Central Excise Rules, 2004 has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or transfer of liabilities of such business, then, the provider of output service shall be allowed to transfer the CENVAT credit lying unutilized in his accounts to such transferred, sold, merged, leased or amalgmated business. The transfer of the CENVAT credit under sub-rules (1) and (2) shall be allowed only if the stock of inputs as such or in process, or the capital goods is also transferred along with the factory or business premises to the new site or ownership and the inputs, or capital goods, on which credit has been availed of are duly accounted for to the satisfaction of the Deputy Commissioner of Central Excise or, as the case may be, the Assistant Commissioner of Central Excise." 4. A perusal of the aforesaid Rules makes it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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